Adverse Action

Adverse Action

This claim can arise where an employer dismisses an employee because:

  • of a workplace right relating to the employee
  • of the industrial activities of an employee
  • of discrimination against the employee
  • an employee was temporarily absent due to an illness or injury

There is a reverse onus of proof which requires an employer to prove the adverse action was not taken or was not taken for a prohibited reason.

Unlike an unfair dismissal claim, a general protection claim (adverse action claim) does not have a statutory camp on the amount of compensation an employee can seek.

Need help defending an general protections claim (adverse action claim) – contact us.

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