What is unlawful termination?
Unlawful termination is dismissing an employee for a prohibited reason, available mainly to employees not covered by the general protections.
Unlawful termination is when an employer dismisses an employee for a reason that is prohibited under the Fair Work Act 2009. Prohibited reasons include things like an employee's race, sex, age, disability, religion, pregnancy, family responsibilities, or temporary absence due to illness or injury.
Under section 772, the unlawful termination provisions mainly protect employees who are not covered by the general protections — for example, some employees who are not national system employees. An application about unlawful termination must usually be made to the Fair Work Commission within 21 days of the dismissal taking effect.
Key facts
- •It is dismissal for a prohibited reason under the Fair Work Act 2009
- •Prohibited reasons include race, sex, age, disability, religion, and pregnancy
- •The provisions sit in section 772 of the Fair Work Act 2009
- •They mainly cover employees not protected by the general protections
- •An application must usually be lodged within 21 days of the dismissal
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Unfair Dismissal CheckerFrequently asked questions
What is the difference between unlawful termination and unfair dismissal?
Unfair dismissal is about whether a dismissal was harsh, unjust, or unreasonable. Unlawful termination under section 772 is about being dismissed for a specific prohibited reason and mainly covers employees not protected by the general protections.
How long do I have to make an unlawful termination claim?
An application about unlawful termination must usually be made to the Fair Work Commission within 21 days of the dismissal taking effect. The Commission can extend this only in limited, exceptional circumstances.
FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.