What is Unlawful Termination?
Unlawful termination involves the employer terminating an employee for a specific prohibited reason. Unlawful termination is separate to unfair dismissal, and there is no maximum level of compensation that an employee can be awarded if the employee has been unlawfully terminated.
An employee that has been terminated will be able to take action against the employer if they can establish that they were terminated for any one of the following reasons:
- temporary absence from work because of illness or injury
- trade union membership or participation in trade union activities outside working hours or, with the employer's consent, during working hours
- non-membership of a trade union
- seeking office as, or acting or having acted in the capacity of, a representative of employees
- the filing of a complaint, or the participation in proceedings, against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities
- race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin
- absence from work during maternity leave or other parental leave
- temporary absence from work because of the carrying out of a voluntary emergency management activity, where the absence is reasonable having regard to all the circumstances.
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