Adverse action claims

Employees who are treated less favourably because they seek to exercise a workplace right have a cause under the new Fair Work Act. Turner Freeman lawyers are experts at advising workers on bringing adverse action claims.

Adverse action claims involve cases where employees tried are treated less favourably by their employers because they have (or have tried to) exercise a workplace right.

An adverse action claim can be commenced while a person is employed, or following to dismissal, within 21 days of termination of employment.

The definition of a workplace right in the Fair Work Act is fairly wide and includes the following:

• An entitlement under a workplace law instrument or an order made by an industrial body. This includes the right to be free from sexual harassment at work and the right to be a union representative.
• The ability to initiate or participate in a process under a workplace law which includes lodging applications with Fair Work Australia, attending court proceedings, taking part in protected industrial action and making a request for flexible working arrangements.
• The ability to make a complaint to a body that has the authority to deal with a workplace law. This includes making a complaint to the Workplace Ombudsman and lodging a grievance with your employer regarding your terms and conditions.

Adverse action claims include cases involving discrimination and may be pursued instead of an action in the Australian Human Rights Commission.