UNOFFICIAL OHS DATABASE
Key: industrial relations, unfair dismissal,
dismissal, sacked
UNFAIR DISMISSAL
An injured employee cannot be dismissed because the he or she is not fit for employment because of a workplace injury within 6 months of becoming unfit due to that injury. If, after six months, that worker is dismissed, and then becomes fit for full duties within 2 years, the employer must reinstate the worker.
Ref: Industrial
Relations Act 1996 (sections 91 - 100)
Workers wishing to make an Unfair Dismissal Claim can call the Department of Industrial Relations on 9258 0008 or 9258 0064. An application must be made within 21 days of the dismissal.
Information regarding unfair dismissal can also be found on the workplace bullying website on this domain.
Further information in regard to unfair dismissal can be found on the OIR's website.