Unfair dismissal

Dismissal is the formal term used for “getting the sack” or being fired. An employer can’t pressure you to resign or dismiss you because you have cancer or are caring for someone, such as a family member or someone in your household who is diagnosed with cancer.

All permanent employees (full-time or part-time) are entitled to receive paid personal leave.

In general, as long as an employee provides evidence of their illness, it is against the law to dismiss them for:

• taking paid personal leave (even if they are away for a long time)
• taking unpaid leave, or a combination of paid and unpaid leave, and/or personal leave of up to 3 months within a 12-month period.

If you think your employment was ended unfairly, this may be unfair dismissal. You have 21 days from the date of dismissal to lodge a complaint with the Fair Work Commission. You must also meet some other conditions to be eligible to lodge an unfair dismissal claim – visit Fair Work Commission for more details.

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