Unlawful termination
Unlawful termination is the ending of an employee's job by their employer for reasons that are discriminatory or against the law.
This term refers to situations where an employer dismisses an employee for illegal reasons. This can include discrimination based on factors such as age, gender, race, religion or disability. It also covers dismissals that breach employment laws, such as firing someone for taking maternity leave or for a protected industrial activity. Such terminations are not only unfair but also violate legal standards.
Unlawful termination claims
The Fair Work Act protects employees from being dismissed because of a temporary absence due to illness or injury, union membership or activities, a protected attribute such as race, sex, age or disability, taking parental or community service leave, or making a complaint against the employer. Most employees bring these claims as general protections claims, which must be lodged within 21 days of the dismissal. For example, dismissing an employee because they have been on certified sick leave for 2 weeks would be unlawful.
Read our guide to wrongful termination and unlawful dismissal, or get Fair Work representation for employers.
General information only
This content is general information about Australian employment law, current at the date it was last reviewed. It does not take your circumstances into account and is not legal advice. For advice about your situation, call Employment Compass on 1300 144 002.
Last reviewed: October 2026
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