WHAT IS ADVERSE ACTION ?
Adverse action is action taken by an employer that is unlawful if it is taken for particular reasons. It may occur when an employer alters the position of, discriminates against, injures an employee’s employment or dismisses an employee for a legally prohibited reason. It is unlawful for an employer to take adverse action against you on the basis of:
- Exercising, not exercising or proposing to exercise, your workplace rights.
An employer must not take adverse action against an employee because of the employee’s entitlements under a workplace law or instrument (including to make a complaint).
- Attributes you may have that are covered by anti-discrimination laws.
An employer must not take adverse action because of the employee’s race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion or political opinion.
- A temporary absence due to injury or illness.
An employer must not dismiss an employee because they have been temporarily absent from work if they are on paid sick leave or they have had less than 3 months unpaid sick leave in the last year.