A general protections (unlawful termination) claim is a different concept to unfair dismissal. The general protections provisions, which apply to all workers, prohibit you from taking adverse action against a worker (including dismissing anyone):
Because of their race, colour, sex, sexual orientation, age, religious beliefs, mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin (Although it makes an exception if it’s an inherent requirement of the job);
Because they’ve been away from the work through illness or injury;
Because they are or aren’t a union member or are running for office as a union representative;
Because they’re on parental leave, paid or unpaid;
Because they’re away doing emergency volunteer work;
Because they’ve filed a complaint or started proceedings against you or someone you employ
If you dismiss an employee for any of these reasons, it’s likely you’ll face heavy fines (currently up to $10,200 for an individual and $51,000 for a company) as well as the prospect of having to pay the worker compensation or even being made to rehire them. Usually, a worker has 21 days after their dismissal to bring an unlawful termination claim.
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We would like to assure you that the health and wellbeing of our clients is our highest priority.
O’Brien Connors & Kennett Solicitors