Unlawful termination is when an employer ends employment for unlawful reasons which can include: 

• Temporary absence from work due to illness or injury
• Trade union membership or participation in union activities outside working hours
• Non-membership of a trade union
• Acting or having acted in the capacity of an employee representative
• Filing a complaint against the employer for alleged violation of laws or regulations
• Race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibility, pregnancy, religion, political opinion, national extraction or social origin
• Absence from work during maternity or parental leave
• Temporary absence from work for the purposes of engaging in voluntary emergency management activity. 

In most cases, employees who are covered by unlawful termination laws are not covered by a national workplace system. In Queensland, these employees include: 

• State government employees 
• Local government employees 

Employees covered by a national workplace system but unable to make a general protections application, may also make an application for unlawful termination.

Due to the complexities of unlawful termination and the need to submit an application within 21 days after the termination takes place, we recommend you contact our experienced lawyers at Kelly Legal on 4911 0500 as soon as possible to discuss your matter further.