Adverse Action

Adverse action is a new concept introduced by the Fair Work Act 2009 which allows employees to bring claims in the Fair Work Commission if the employee believes he or she is being discriminated against. Subject to some exceptions, employers are prohibited from taking adverse action against an employee or prospective employee because of the employee’s race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

Claims may also be brought in the Fair Work Commission where a person believes that adverse action has been taken against him or her for other prohibited reasons, including because he or she has exercised a workplace rights or participated in industrial activity.

Harwood Andrews’ workplace relations team regularly provides advice and assistance to employers to increase awareness of adverse action, workplace compliance and discrimination issues, minimise the risk of potentially costly claims, and resolve workplace disputes when they arise.

We represent clients in relation to adverse action claims and combine legal knowledge and experience with strategy and commercial understanding to provide frank, practical advice and achieve the best possible outcome.