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Executive Unlawful Dismissal Solicitors - Australian Law


Executive wrongful dismissal from employment in Australia is considered to be either ‘unfair dismissal’ or ‘unlawful dismissal’ with the two concepts being separate and subject to different national legislation :-

  • Unfair Dismissal is outlined in the Fair Work Act 2009 (FWA) which determines that unfair dismissal occurs if the termination of employment was ‘harsh, unjust or unreasonable’. The FWA dictates a number of criteria that must be satisfied thereby limiting legal action for unfair dismissal action to a certain class of qualifying employees. The FWA does not cover discrimination, victimisation and harassment which are dealt with separately as unlawful dismissal which is distinguished from unfair dismissal.

  • Unlawful Dismissal for all employees including an executive is determined by the Workplace Relations Act 1996 which is wide ranging legislation that deals with wrongful dismissal based on trade union membership, family responsibilities, pregnancy, marital status, temporary absence from work due to illness and for discriminatory reasons such as gender, age and race or nationality. An executive has been the subject of unlawful dismissal if any of the following discriminatory reasons were the basis for the termination of their employment :-

    • temporary absence from work because of illness or injury
    • trade union membership
    • trade union activities outside working hours without the employer’s consent
    • trade union activities during working hours with the employer’s consent
    • refusal to join a trade union
    • acting as a representative of employees
    • complaints about breaches of laws or regulations
    • individual transitional employment agreement (ITEA) refusal
    • absence due to maternity leave or parental leave
    • absence for voluntary emergency management activity
    • race, colour, sex, sexual preference, age, physical or mental disability, marital status,
      family responsibilities, pregnancy, religion, political opinion, national extraction or social origin

Employment Lawyers

There are several other anti-discrimination statutes that can be used by executive unlawful dismissal solicitors to take action against an errant employer. In all cases the remedies available to the executive who has been the subject of wrongful dismissal involve an order for reinstatement to their previous employment position if appropriate and an award of financial compensation. Our executive unlawful dismissal solicitors deal with applications under the Workplace Relations Act 1996 and give advice on common law rights, contractual terms and unfair dismissal which relates to failure to comply with the Fair Work Act 2009. If you would like advice just complete the contact form, or email our offices or use the helpline.