General protections - Adverse action

All Topics

• What is adverse action?

  Adverse action is any action that reduces the advantages an employee receives or expects to receive in their employment.
  Jun 01, 2017

• When is adverse action unlawful?

  Adverse action will be unlawful if it is taken against a person because they have an attribute or are engaging in an act that is protected under the general protections provisions.
  Jun 01, 2017

• What behaviour constitutes adverse action?

  The type of behaviour that constitutes adverse action depends on who the action is taken by.
  Jun 01, 2017

• What are the general protections provisions?

  The FW Act provides for a range of general protections for employees, employers and other members of the workforce.
  Jun 01, 2017

• Case Law: Breaching the general protections provisions

  There are many lessons you can learn from cases where adverse action breached the general protections provisions.
  Jun 01, 2017

• Do the general protections provisions apply to your organisation?

  The FW Act general protections provisions will very likely apply to your organisation if it is a constitutionally covered entity or a national system employer.
  Jun 01, 2017

• What happens if an employee claims you breached the general protections provisions?

  An employee or ex-employee can file a general protections claim in the FWC or the court.
  Jun 01, 2017

• How to avoid taking unlawful adverse action

  There are three things you can do to reduce your risk of unlawful adverse action.
  Jun 01, 2017

• What happens at a conference?

  If a breach of general protections application is made, the FWC will conduct a conference to attempt to resolve the dispute.
  Jun 01, 2017

• How does the FWC arbitrate a dispute?

  The FWC can hold arbitration to try to settle a dispute.
  Jun 01, 2017

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