Adverse Action - The New Unfair Dismissal

In brief

Employees who do not fit within the scheme of unfair dismissal, either because they are in their qualifying period or because they earn over the high income limit of $108,300, are permitted by the Fair Work Act to bring an even more serious claim related to adverse action.

What is an adverse action?

The key features of an adverse action claim are first, that there is a workplace right that the employee has undertaken, requested, queried or had withheld, such as conducting union related activities or raising concerns they might have in relation to Occupational Health & Safety (e.g. failure to issue safety eyewear). The second feature of an adverse action claim is the allegation that you, as an employer, have made a decision to take some steps to deal with the worker in an adverse way.