Adverse Action and General Protection Claims

Adverse Action and General Protections claims can be brought by an employee on the basis that the employer, or another person in the workplace, has taken action against that employee for a reason which they are precluded from doing under the Fair Work Act 2009 (Cth). 

Adverse action claims arise most commonly where an employer has taken action, whether it be dismissing them, suspending them, reducing their hours or demoting them on the basis of an unlawful reason as defined by the Fair Work Act 2009 (Cth). Such reasons include the following: 

1. Because the employee has a disability;
2. Because the employee is a particular race or gender; 
3. Because the employee is pregnant, or of a certain and; or 
4. Because the employee has opted to exercise a certain right, such as: 
   • Making an enquiry about the OHS conditions in the workplace; 
   • Taking leave; or 
   • Bringing a claim against the employer. 

As an employee, you do not have to have been employed for 6 months (as with unfair dismissal claims) to bring a General Protections Claim. General Protections claims are uncapped (whereas unfair dismissal is capped at 6 months), however claims must be brought within 21 days of being dismissed. General Protections for an employee include the protection against sham contracting, misrepresentation of workplace rights, and termination due to illness or injury.

Green & Associates Solicitors Experience and Success 

• We recently obtained a significant settlement for client at mediation having commenced a General Protections Claim against the employer while the client was still in the probation period.
• Our solicitors have obtained the first successful injunction in Australia in a class action against mandatory employee vaccinations;
• We have successfully sued the same international employer a dozen times sequentially for employees over the same cause of action;
• We have acted in successful class action involving industrial action for Stevedores. 

At Green & Associates Solicitors, we act for the full range of matters that relate to employment law. We are uniquely placed to advise and act for any person or business.

We provide in-house advice to companies on a range of matters, including:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches)
• criminal matters;
• property matters;
• defamation proceedings; and
• all types of commercial matters (i.e. drafting shareholder agreements).

Contact us (02) 8080 7585 if you require support with any commercial matters or legal advice.