An Adverse Action set out in Section 240 of the Fair Work Act which says;
"(1) A person must not take adverse action against another person:
- because the other person:
-
- has a workplace right; or
- has, or has not, exercised a workplace right; or
- proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace right; or
- to prevent the exercise of a workplace right by the other person. "
Some practical examples of Adverse Action are:
- Terminating a person's employment due to them making a complaint, making a workers compensation claim
- Refusing to employ on discriminatory grounds such as race, religion, sex, sexual preference, marital status, family responsibility etc
- Discriminate in the terms of the employment
- Refuse to employ due to union membership status
- An employer lying about what a job entails
- Offer a sham contract
- Offer employment only on the basis an employee gives up a right.
If an employee makes a claim, the onus of proof is on the employer to prove that an adverse action has not occurred.
The time limit to make a claim for adverse action is 21 days after termination.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
