I've just been sacked - can you help me?
We can help you if you were dismissed because of unlawful discrimination or harassment. This means your employment was terminated based on personal characteristics like:
- caring responsibilities
- gender identity
- marital or domestic partnership status
- religious appearance or dress
- sexual orientation
- spouse or partner's identity.
If this is not the case, you should seek advice from another agency.
We can only become involved when a complaint is made in writing and we believe it raises concerns about unlawful discrimination.
We are not an advocacy service that can intervene on your behalf. Our role is to provide an impartial, unbiased service to help both sides negotiate a resolution.
Can I terminate someone's employment once they reach 65 years of age?
No. There is no compulsory retirement age in South Australia.
Forcing staff to retire at 65 is now prohibited by age discrimination laws.
Can I sack junior staff when they become eligible for senior wages?
No. Dismissing a junior or reducing their hours as they get older and their hourly rate increases can lead to a complaint of age discrimination being made against you.
Can I sack someone if they get sick or injured?
No - not unless they are no longer able to perform the duties of the job.
Even then, you should confirm whether reasonable adjustments could be made to allow them to continue to perform their work.
Do equal opportunity laws apply to unfair dismissal?
Yes - but only if the decision to fire a worker is unfair and discriminatory. This means it is based on personal characteristics.
See Dismissing staff for more tips for employers