Dismissal of employees may still be unlawful in many circumstances despite the recently introduced Workchoices legislation.

Under Workchoices, employers covered by the legislation, including corporations who employ fewer than 100 employees (including part-time and regular casual employees of more than 12 months) are excluded from federal unfair dismissal provisions. However, state laws still cover areas such as discrimination, workers compensation and occupational health and safety. This may lead to an increase in alternatives to claims of unfair dismissal, including claims brought under federal and state anti-discrimination law.

“Employers should be aware that many types of dismissals remain unlawful in NSW,” said Stepan Kerkyasharian, President of the Anti-Discrimination Board of NSW.

“It is generally unlawful to dismiss a person in NSW on a number of grounds including race, sex, pregnancy, carers’ responsibilities and age.”

Employers who breach NSW anti-discrimination law run the risk of being involved in a discrimination complaint, which may involve significant costs in terms of time and money. This can lead to court proceedings if the matter is not resolved through conciliation.

“It makes good business sense to ensure that all employees are treated fairly in the workplace. This may reduce the risk of absenteeism, staff turnover and poor performance. It may also lead to more productive workplaces and better customer service, which are good outcomes for the employer and the employee.”