Adverse Action:

Adverse action is where an employee, independent contractor, prospective employee, prospective independent contractor, employer, principle or other person is subject to adverse treatment in the workplace. This adverse treatment is taken in circumstances where a person has a workplace right, has or has not exercised a workplace right, proposes to use or not to use a workplace right or to prevent a workplace right from being exercised. A workplace right includes rights pertaining to workplace health and safety, workers compensation or another entitlement under law. One of the most common examples of adverse treatment is the dismissal of an employee or the termination of an independent contractor’s agreement because of the workplace right.

Legal recourse is available if someone has been subjected to adverse action, via the Fair Work Commission or Court. There are however eligibility requirements that must be satisfied in order to be able to make a claim of adverse action. One such requirement is that the person must be engaged in private enterprise and cannot be a state or local government employee.

State or local government employees may be able to make a claim of unfair dismissal instead to the Industrial Relations Commission or Court, however, they will need to satisfy eligibility requirements and establish that the termination was harsh, unjust or unreasonable. Prospective employees, independent contractors, prospective contractors, principles and employers are not able to make an unfair dismissal claim as by its definition, the termination must be of the employment relationship and is therefore limited only to employees.

If you are concerned that you have experienced adverse action or have been terminated, we recommend that you seek immediate legal advice as there are very limited timeframes within which to file an application and the Commissions and Court are extremely reluctant to grant leave for an extension of these timeframes. Our team of Solicitors can advise you as to your eligibility to make a claim and assess your circumstances to determine your prospects of succeeding in any such claim. We can assist you through each stage of the application process through to representation at arbitration or hearings.

If you wish to make an appointment for one of our solicitors to assist you with an Adverse Action matter, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.