As per the Fair Work Act 2009, an unlawful action taken by an employer against an employee is considered an ‘adverse action.’ Adverse action notices can be countered by the employee if they feel that they have been treated unfairly. In such cases, an adverse action lawsuit can be brought against the employer. The onus rests on the employer to prove the grounds for the adverse action so taken.
The following actions by an employer would amount to adverse action:
  • Discrimination against a prospective or a current employee
  • Demoting an employee or alteration of their position in an unfair manner
  • Action against an employee for exercising their right at the workplace
  • Injury to a worker 
  • Refusal of goods and services to a contractor
  • Issuing a disciplinary warning against an employee
If any of the above takes place, an employee can take action with the help of adverse action lawyers in NSW. A competent lawyer can offer legal guidance for the adverse action taken by an employer to support the employee. The employer stands to lose the claim if he cannot provide sufficient and valid reasons for the adverse action so taken. 
The wide ambit of adverse action
As per the Fair Work Act 2009, adverse action is open to interpretation and has a broad scope. Here are some more instances of what could amount to adverse action for an employee:
  • Triggering an investigation against an employee
  • Denying access to internet and mail facilities 
  • Initiating leave without pay instead of employee termination
  • Issuance of show-cause against the employee
  • Loud and harsh conversations that might damage the employee’s reputation
  • Adversarial performance appraisal that can affect the future of the employee
  • Causing pressure and coercing an employee
  • Misrepresenting the employee
  • Making threats to an employee such as disciplinary action and dismissal

Adverse action claims
When general protection lawyers in NSW file for adverse action claims against an employer, the employer needs to be clear and specific as to the reason why such an action was initiated against the employee. An employer can only succeed if the adverse action was taken due to the performance and conduct of the employee. The employer has to maintain concise and clear documentation for the reason the action was initiated. The conduct of the employee has to be contrary to the policies of the workplace if the employer wants to avoid an adverse action claim.