ARTICLE · 01 SEPTEMBER 2014

What is adverse action in employment?

Watkins Tapsell

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If an employee makes a claim, the onus of proof is on the employer to prove that an adverse action has not occurred.

AustraliaEmployment and HR

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An Adverse Action set out in Section 240 of the Fair Work Act which says;

"(1) A person must not take adverse action against another person:

because the other person:
1. has a workplace right; or
2. has, or has not, exercised a workplace right; or
3. proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace right; or

to prevent the exercise of a workplace right by the other person. "

Some practical examples of Adverse Action are:

Terminating a person's employment due to them making a complaint, making a workers compensation claim
Refusing to employ on discriminatory grounds such as race, religion, sex, sexual preference, marital status, family responsibility etc

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