Managing employee performance: the new adverse action risk

Key Points:
Employers should ensure that disciplinary action decisions are supported by a clear paper trail.

Once the realm of federal and state anti-discrimination legislation, the Fair Work Act 2009's adverse action provisions have expanded the avenues available to employees who feel they have been treated less favourably than others because of an unlawful reason by their employer. With disgruntled employees generally a result of disciplinary action, the number of adverse action cases is growing.

A recap on adverse action

Under the Fair Work Act 2009, an employer takes adverse action against an employee if it:

• dismisses the employee;
• injures the employee in his/her employment;