I have been terminated on probation by my employer in the private sector. I’m worried that the real reason I was terminated was because I took sick leave yesterday and I also told them I have a disability. What does this mean?

You may have a claim for adverse action under the Fair Work Act 2009. It does not matter that you were on probation or how long you were employed to make any adverse action claims. You must lodge an adverse action claim to the Fair Work Commission within 21 days of the termination.

Some of the grounds of adverse action are: if you were terminated due to a disability, race, age, pregnancy, family or carer responsibilities, subjection to family and domestic violence, religion, temporary absence from work, union membership, because you made a complaint
or inquiry about your employment or accessed a benefit under your applicable Award or Enterprise Agreement.

If you are concerned, please get in touch with us as soon as you are terminated for advice.