Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 1999 - SECT 73

(1) A dismissal is unfair if it is--

(a) harsh, unjust or unreasonable; or

(b) for an invalid reason.

(2) Each of the following is an invalid reason--

(a) temporary absence, within the meaning of a regulation, from work because of illness or injury (other than an injury to which chapter 4, part 6 of the Workers' Compensation and Rehabilitation Act 2003 applies);

(aa) temporary absence from work if--

(i) the absence is--

(A) by an SES member or an ESU member under the Disaster Management Act 2003 and for the purpose of performing an SES function or an ESU function under that Act in an emergency situation; or

(B) by a member of a rural fire brigade under the Fire and Rescue Service Act 1990 and for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation; or

(C) by an honorary ambulance officer under the Ambulance Service Act 1991 and for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation; or

(D) by a hazmat advisor under the Dangerous Goods Safety Management Act 2001 and for the purpose of performing a function of a hazmat advisor under that Act in an emergency situation; and

(ii) having regard to all the circumstances, the period of absence is reasonable;

(b) seeking office as, or acting or having acted in the capacity of, an employees' representative;

(c) membership of an employee organisation or participation in the organisation's activities outside working hours or, with the employer's consent, during working hours;

(d) non-membership of an employee organisation;

(e) filing a complaint, or taking part in proceedings, against an employer involving alleged violation of laws or recourse to competent administrative authorities;

(f) the making by anyone, or a belief that anyone has made or may make--

(i) a public interest disclosure under the Whistleblowers Protection Act 1994; or

(ii) a complaint under the repealed Health Rights Commission Act 1991; or

(iii) a complaint under the Health Quality and Complaints Commission Act 2006;

(g) refusing to negotiate for, make, sign, extend, amend or terminate a certified agreement or QWA;

(h) refusing to negotiate for or make a certified agreement, or Australian workplace agreement, under the Commonwealth Act;

(i) the employee or employee's spouse is pregnant or has applied to adopt a child;

(j) the employee or employee's spouse has given birth to a child or adopted a child;

(k) applying for, or being absent on, parental leave;

(ka) a reason mentioned in section 39B(5) or 40(7);

(l) a reason mentioned in section 394(2);

(m) discrimination.

(3) In this section--

parental leave has the meaning given in section 17.