Unfair Dismissal...has it happened to you?

Both the Federal and State governments have legislation that provides workers access to a system to appeal against termination of employment that is unfair or unlawful.

Unfair Dismissal occurs when the circumstances of an employee's dismissal indicate that such dismissal was "harsh, unjust or unreasonable". Those terms are not defined under the Act but the Act does list a number of factors which are taken into consideration, as follows:

• Whether there was a valid reason for termination which related to the capacity or conduct of the employee or the operational requirements of the business;
• Whether the employee was notified of the reason for termination;
• Whether the employee was given an opportunity to respond to any reason that related to capacity or conduct;
• If the termination related to the employee's work performance, whether the employee had received any warnings prior to termination.

The Act gives a list of circumstances which are unlawful reasons for terminating a person's employment and include the following:

• Temporary absence from work because of illness or injury;
• Trade Union Membership or Non-Membership;
• Race, colour, sex, sexual preference, age or physical / mental disability;
• Refusing to negotiate or sign a Queensland Workplace Agreement;
• Being absent from work on maternity leave or other parental leave;
• Filing a complaint against an employer involving alleged breaches of laws.

The Act allows the employer to dismiss the employee without notice, or payment in lieu of notice, for serious misconduct. Serious misconduct is defined as being of such a nature that it would be unreasonable to require the employer to continue the employment during the required period of notice

Contact Taylors Solicitors for help if you feel you have been unfairly dismissed.