This website applies only to residents and the law of New South Wales, Australia.

3. THE FEDERAL SYSTEM (continued)

3.4 What is unlawful termination in the federal system?

All employees, whether covered by a state or federal industrial instrument or not, can make a claim of unlawful termination. The various exclusions that apply to unfair dismissal claims, explained in section 3.3, do not apply to unlawful termination claims.

It is unlawful to terminate the employment of an employee on discriminatory grounds, including:

• Race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

If you believe you were terminated on any of these discriminatory grounds, you should get advice about whether to proceed with a claim of unlawful termination of employment or to claim under federal or state anti-discrimination laws.

It is also unlawful to dismiss an employee for the following reasons:

• Temporary absence from work because of illness or injury;
• Trade union membership or participation in trade union activities;
• Non-membership of a trade union;
• Acting or seeking to act as an employee representative;
• Making a legal complaint or participating in proceedings against the employer involving alleged breaches of laws or regulations (for example, making a complaint to WorkCover about an unsafe workplace);
• Refusing to make, sign, extend, vary or terminate an Australian Workplace Agreement (AWA);
• Absence from work during maternity leave or other parental leave; and
• Temporary absence from work because of voluntary emergency activity.

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