What is adverse action?

Adverse action is taken by an employer against an employee if the employer for a prohibited reason:

  1. Dismisses the employee;
  2. Injuries the employee in his/her employment;
  3. Alters the position of the employee to the employee’s prejudice, or
  4. Discriminates against the employee and/or other employees of the employer

A prospective employer takes adverse actions against a prospective employee by refusing to employ the prospective employee.

Adverse action is taken against independent contractors where a principal contractor, for a prohibited reason:

  1. Terminates the independent contractor’s contract or injures the independent contractor in relation to terms and conditions of the contract;
  2. Alters the position of the independent contractor to the independent contractors prejudice;
  3. threatens to end an independent contractor’s contract for services;
  4. The principal refuses to engage the independent contractor or discriminates against the independent contractor on the terms and conditions on which principal offers to engage independent contractor;
  5. Refuses to make use or agree to make use of services provided by the independent contractor.
  6. Refuses to supply or agree to supply of goods and services to independent contractor.

Prohibited reasons for taking adverse action against an employee and/or independent contractor includes action that is taken for reasons including:

  1. Having access to a workplace right;
  2. Exercising or not exercising workplace right;
  3. Proposing to exercise or proposing to not to exercise a workplace right
  4. Because the employer or subcontractor is or is not an officer or member of a trade union
  5. Engaging in or proposing to engage in industrial activity;
  6. Does not engage in or has at any time not engaged or proposed not to engage in industrial activity
  7. due to discrimination; that is because of the person’s sex, race, sexual orientation, age, physical or mental disability, marital status, family or carer responsibilities, pregnancy, religion or political opinion.

In the event you believe you have been subjected to adverse action please call us so we can assess your situation and determine the appropriate course of action for you. More information about adverse action can be found on this PDF slideshow.

If you are dismissed due to adverse action speak to our employment lawyers immediately on 13 43 63 as there is a 21 day time limit on making an adverse action claim.