Unfair dismissal may be determined by the Fair Work Commission if the person was let go from their job in a manner that was considered harsh, unjust, or unreasonable, and the dismissal was not due to genuine redundancy.
Additionally, if the employee worked for a small business and the dismissal did not align with the Small Business Fair Dismissal Code, it may also be considered unfair.
On the other hand, unlawful termination refers to the wrongful dismissal of an employee by their employer based on protected attributes, such as race, color, sex, sexual orientation, gender identity, age, disability, marital status, pregnancy, religion, political opinion, national extraction or social origin, with exceptions.
It also includes termination due to temporary absence from work due to illness or injury, trade union membership or non-membership, participation in industrial activities, absence during maternity or parental leave, engagement in voluntary emergency management activity, or exercising workplace rights through complaints, inquiries, or legal proceedings against the employer.