Invalid reasons for dismissal

Invalid reasons are listed in the Industrial Relations Act 1999 (PDF, 1.9MB) For example, a dismissal is invalid if it is:

any period of paid sick leave, or
period/s of unpaid leave due to illness or injury of not more than three months in any one year;
Note: The Workers’ Compensation and Rehabilitation Act 2003 (PDF, 1.7mB) also provides that an employer must not dismiss an injured employee (i.e. an employee who receives an injury as defined by the Workers' Compensation and Rehabilitation Act 2003, within twelve months after the employee becomes injured, solely or mainly because the employee is not fit for employment in a position because of the injury. A similar provision existed in the Industrial Relations Act 1999 prior to 17 May 2006.

because an employee filed a complaint, or was involved in legal proceedings against an employer;
discriminatory (i.e. based on sexual preferences, family responsibilities or contravenes the Anti-Discrimination Act 1991 (PDF, 820kB);
due to membership or non-membership of a union or participation in certain union activities;
because the employee refuses to negotiate for or make a certified agreement, Queensland Workplace Agreement or Australian Workplace Agreement;
because an employee or their spouse:

because an employee has applied for, or is absent on, parental leave;
because a short term casual employee has taken either carer’s leave or bereavement leave.

Last updated: 10 June 2008

Rights & obligations