Adverse Action

What is adverse action?

Adverse action is an unlawful action that is taken place for particular reasons in the workplace. It is explained in more detail under s342 of the Fair Work Act and comprises dismissing or refusing to employ an individual or otherwise negatively impacting the person in the workplace on a prohibited basis.

 

What is the purpose of adverse action?

Referred to as general protections, adverse action has been introduced in the workplace to;

  • Protect workplace rights;
  • Protect freedom of association;
  • Provide protection from workplace discrimination; and
  • Provide effective relief for persons who have been discriminated against, victimised, or have experienced other unfair treatment.

 

What are some examples of adverse actions?

Adverse actions can include dismissal of an employee but encompasses a range of other actions.

 

What are adverse action claims?

An “adverse action claim” is a claim brought by an employee on the basis that the employer (or some other person in the workplace) has taken action against the employee (eg by dismissing them, or treating them less favourably than other employees) because of a reason protected by the Fair Work Act 2009 (Cth).

 

How HR Connect can help

If you require assistance with dealing with disciplinary issues concerning staff, HR Connect can help. Our HR Advisors will be able to guide you through each step of the disciplinary process and we have template documents (e.g. direction to attend a disciplinary meeting, written warning, letter of termination, etc) available as part of our subscription packages.

 

 

About HR Connect

HR Connect is one of Australia’s leading providers of HR & workplace safety advice services, designed to help small business owners make confident and compliant business decisions.

 

Disclaimer

The information provided in these knowledge base articles is general in nature and is not intended to substitute for professional advice. If you are unsure about how this information applies to your specific situation we recommend you contact HR Connect for advice. The information in this summary is correct as of August 2021.

 

This knowledge base article will change over time, as Modern Award legislation relating to this Industry or Occupation is passed by the Fair Work Commission. Originally published on 21 September 2021 and last updated on 18 February 2022.

Subscribe to our Newsletter

Free up your time to focus on more important stuff

 

Know you’re meeting your obligations as a small business owner and make confident and compliant business decisions with HR and workplace safety advice, and legal support for small businesses.
All for $250 a month.


4.9 Google Rating. Based on 191 reviews.

Exclusive National Approved HR Products for ICB Members
#1 HR Provider for Employment Hero customers

AHRI Organisational Member

Free up your time to focus on more important stuff

 

Know you’re meeting your obligations as a small business owner and make confident and compliant business decisions with HR and workplace safety advice, and legal support for small businesses.
All for $250 a month.

Exclusive National Approved HR Products for ICB Members

#1 HR Provider for Employment Hero customers
AHRI Organisational Member


4.9 Google Rating. Based on 191 reviews.