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Adverse action claims in WA

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

Adverse action claims were recently introduced through the Fair Work Act 2009.They allow employees to bring a claim when their employer has treated them less favourably because they have (or have tried to) exercise a workplace right.

A claim for adverse action can be commenced while a person is employed, or if it leads to termination, within 60 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 will cover some cases concerning discrimination and will avoid the lengthy proceedings through the Australian Human Rights Commission.

Turner Freeman can assist you

If you believe that you have been treated less favourably due to exercising a workplace right, please contact Turner Freeman Lawyers. We will be able to advise you on your rights and how we may be able to assist.

Call (08) 9325 0900 to speak with our employment law specialist Timothy Kucera in Western Australia or come and visit us. Our WA office is located in Perth CBD.

FAQ

Meet our employment lawyer

Our adverse action claims specialist

Timothy Kucera is a lawyer at Turner Freeman’s WA office with extensive experience in employment and industrial law.

Admitted as a lawyer in 1999, Tim has been working for trade unions and workers in the manufacturing, food construction, mining and transport industries for over 20 years.

His expertise include all aspects of employment law and industrial law. Tim worked for the AMWU, CFMEU as well as other WA unions during his career.

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