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Unlawful termination protections for State system employees

While most of the Fair Work Act 2009 (Cth) only applies to national system employees, there are some protections which apply to State system employees. Section 772 of the Fair Work Act 2009 (Cth) makes some terminations (dismissals) unlawful.

Unlawful termination is when you are terminated for a prohibited factor, which includes:

  • Temporary absence from work due to illness or injury;
  • Trade union membership or activities;
  • Non-membership of a trade union;
  • Being a representative of employees;
  • Absence from work during maternity leave or other parental leave;
  • Complaining to SafeWork SA or the Fair Work Commission about your employer; or
  • Discrimination (Race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin).

The time limit for making an unlawful termination application in the Fair Work Commission is 21 days from the date of dismissal.

See the Fair Work Commission’s website for more information.

Unlawful termination protections for State system employees  :  Last Revised: Tue Nov 4th 2014
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.