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Section : Adverse action
Domain : Human Resource Management
Classification : Not Identified
Text Content
Adverse action is action that is unlawful if it is taken for particular reasons. The FW Act defines a number of actions as adverse actions. Adverse action taken by a person includes doing, threatening, or organising any of the following:
- an employer dismissing an employee, injuring them in their employment, altering their position to their detriment, or discriminating between them and other employees
- an employer refusing to employ a prospective employee or discriminating against them in the terms and conditions the employer offers
- a principal terminating a contract with an independent contractor, injuring them or altering their position to their detriment, refusing to use their services or to supply goods and services to them, or discriminating against them in the terms and conditions the principal offers to engage them on
- an employee or independent contractor taking industrial action against their employer or principal
- an industrial association, or an officer or member of an industrial association, organising or taking industrial action against a person, or taking action that is detrimental to an employee or independent contractor
- an industrial association imposing a penalty of any kind on a member. The FW Act prohibits a person from taking adverse action against another person because that person: