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As of 1 January 2010, this information only applies to the state public sector (including most Government Business Enterprises) and local government entities. For further information please refer to Industrial Relations.

The State Fair Work Act 1994 provides that an employee who feels that his or her employment was unfairly terminated has a right to apply to the South Australian Employment Tribunal for relief.

Unfair dismissal claims need to be lodged with the Tribunal within 21 days beginning the day after the termination took effect. Employees making lodgement inquiries regarding unfair dismissal claims are able to contact the Tribunal on (08) 8207 0999.

Unlawful termination

Workers are also protected against unlawful termination. Examples of unlawful termination include dismissing someone because of their race, sex, colour, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

It is also unlawful to terminate an employee's employment if they are temporarily absent from work because of illness or injury, because of union involvement or non-involvement or because of absence from work during parental leave.

Contact the SafeWork SA Help Centre for more information. 

Employees covered by the state IR system may also be able to access protection against unlawful termination under the Commonwealth Fair Work Act 2009. For more details please contact the Fair Work Infoline on 13 13 94.


Unfair Dismissal guide
South Australian Employment Tribunal