Who can make an adverse action claim?

Both ss 340 and 346 of the FW Act prohibit the taking of ”adverse action" because of a person’s workplace rights or industrial activities.

Conduct that constitutes adverse action is set out in a table in s 342(1) of the FW Act. For example, in the case of an employee, it can include dismissal, injuring an employee in their employment, altering the position of an employee to the employee’s prejudice, or discriminating against an employee relative to other employees of the employer.

The table also makes clear that adverse action can be taken by employers against prospective employees, principals against independent contractors or potential contractors,; employees against employers, independent contractors against principals and industrial associations and officers or members thereof against a person.

See Who can make an adverse action claim?