Adverse Action Claims - so hot right now

"Adverse action" claims, together with colour blocking, are the current trend. Employees are increasingly seeking relief on the basis that they've been subjected to "adverse action" in breach of the "general protections" provisions in the Fair Work Act 2009.

Like all new styles, the rules are strict and the stakes are high. For a claim to succeed, the "adverse action" must be because of, or for reasons including, an employee exercising a "workplace right" which includes making a complaint or enquiry about their employment. "Adverse action" includes dismissal, injuring an employee in their employment, altering the employee's position to their prejudice and discrimination. Remedies for breach can include uncapped compensation and penalties.