Two recent adverse action decisions provide clarity to employers about the operation of the new types of claims available under the Fair Work Act 2009 (the Act).
What are adverse action and workplace rights?
Adverse action is defined in a table at section 342 which sets out the type of conduct which will be adverse action. Adverse action can be taken by:
- an employee against his or her employer
- an employer against an employee (or prospective employee)
- an independent contractor against a principal
- a principal against an independent contractor
- a person against an industrial association.
Read more of the article by Norton Rose.