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It is important to be aware that there are restrictions on employers dismissing employees or terminating a contract of employment. Two of the most well known breaches of the law in this area are unlawful termination and unfair dismissal.
Unlawful termination occurs when an employer dismisses an employee for unlawful reasons. Such reasons commonly include gender, age, pregnancy, temporary absence from work and membership (or non-membership) of a union.
Unfair dismissal occurs when an employer dismisses an employee for reasons that are considered to be harsh, unjust or unreasonable. Under the Fair Work Act, dismissal cannot be unfair if the employer is a small business employer (employs less than 15 full- time equivalent employees). This means that your employer must employ more than 15 full-time equivalent staff for you to be able to make an unfair dismissal claim.
If you think you may have been unlawfully or unfairly dismissed, it is vital that you seek legal advice as soon as possible. There is a 21 day limit for an employee to bring an unfair dismissal claim and also a 21 day limit to bring an unlawful termination claim. An experienced employment law firm such as Nicholas Dibb Solicitors can advise you on whether you have been unfairly dismissed or unlawfully terminated and can assist you in gaining an appropriate remedy.