QLDIn ForceAct
Industrial Relations Act 2016
sec.91Dismissal because of pregnancy or parental leave
Start here
Get a plain-English read of sec.91
Turn the raw legal text into a practical explanation grounded in Industrial Relations Act 2016.
### sec.91 Dismissal because of pregnancy or parental leave
An employer must not dismiss an employee because—
the employee or the employee’s spouse is pregnant or has applied to adopt a child; or
the employee or the employee’s spouse has given birth to a child or adopted a child; or
the employee is an intended parent under a surrogacy arrangement or the employee’s surrogate child has started residing with the employee under a surrogacy arrangement; or
the employee is a cultural parent who has applied for a cultural recognition order or the child who is the subject of a cultural recognition order has started residing with the employee under the order; or
the employee has applied for, or is absent on, parental leave.
This section does not affect any other rights of—
an employer to dismiss an employee; or
a dismissed employee.
s 91 amd 2020 No. 33 s 147
(sec.91-ssec.1) An employer must not dismiss an employee because— the employee or the employee’s spouse is pregnant or has applied to adopt a child; or the employee or the employee’s spouse has given birth to a child or adopted a child; or the employee is an intended parent under a surrogacy arrangement or the employee’s surrogate child has started residing with the employee under a surrogacy arrangement; or the employee is a cultural parent who has applied for a cultural recognition order or the child who is the subject of a cultural recognition order has started residing with the employee under the order; or the employee has applied for, or is absent on, parental leave.
(sec.91-ssec.2) This section does not affect any other rights of— an employer to dismiss an employee; or a dismissed employee.
- (a) the employee or the employee’s spouse is pregnant or has applied to adopt a child; or
- (b) the employee or the employee’s spouse has given birth to a child or adopted a child; or
- (c) the employee is an intended parent under a surrogacy arrangement or the employee’s surrogate child has started residing with the employee under a surrogacy arrangement; or
- (d) the employee is a cultural parent who has applied for a cultural recognition order or the child who is the subject of a cultural recognition order has started residing with the employee under the order; or
- (e) the employee has applied for, or is absent on, parental leave.
- (a) an employer to dismiss an employee; or
- (b) a dismissed employee.