The importance of understanding what adverse action means in employment law.
Adverse action under the General Protections section of the Fair Work Act is an element of law that may surprise many people. The onus of proof is reversed and employers are deemed to have the onus to prove innocence.
An adverse action is simply that – an action that is adverse to an individual’s employment, such as termination.
It is important to be aware of this when an employee is exercising a workplace right, such as making a complaint (grievance), being on leave or even workers compensation, they are protected from having an adverse action taken against their employment.
If you have an employee who has exercised one of these rights and you are unsure of your rights and obligations in this situation, contact Elite HR Solutions for confidential advice.
Maximum penalties for companies is $33,000, with damages such as back pay or severance on top of that amount.
