Adverse Action

Adverse Action Claims

Asserting Workplace Rights and Challenging Adverse Actions.

Every employee deserves fairness and equal treatment in the workplace. Understanding adverse action claims and the process for asserting workplace rights is crucial for addressing unfair treatment based on prohibited reasons such as race, sex, and forms of bullying or prejudice.

Adverse Action Claims:

Adverse action claims, also known as general protections claims, provide employees with a legal avenue to challenge unfair treatment by employers. An adverse action claim can be brought when an employee believes they have been treated less favorably for exercising workplace rights or based on discriminatory grounds.

Workplace Rights:

The Fair Work Act defines workplace rights broadly and encompasses: 

• Entitlements under workplace law instruments, including freedom from sexual harassment and the right to be a union representative. 
• The ability to initiate or participate in workplace law processes, such as lodging applications with the Fair Work Commission, participating in protected industrial action, and requesting flexible work arrangements.
• Making a complaint to relevant bodies like the Workplace Ombudsman or lodging grievances with the employer regarding terms and conditions.

Discrimination and Workplace Bullying:

Adverse action claims can also be pursued in cases of discrimination, which is unacceptable and must not be tolerated.

Discrimination or unfavorable treatment based on personal attributes or characteristics can constitute workplace bullying and violate employees’ rights. Fair Work

Commission Process

Adverse action claims are initiated through the Fair Work Commission, where a compulsory conference is held to facilitate a resolution between the parties. If the conference is unsuccessful, proceedings may move to the Federal Circuit Court.

Time Limits for Filing Claims:

General protections applications alleging termination of employment due to adverse action must be commenced within 21 days of termination. Otherwise, the claim must be filed within six years of the event.

Conclusion

Understanding adverse action claims and knowing your workplace rights is essential for challenging unfair treatment and asserting your rights as an employee.

The Fair Work Commission provides a platform to address such issues, ensuring fairness and equal treatment in employment. If you find yourself facing adverse action or discrimination, seek legal advice promptly and explore the available avenues for seeking justice.