The Fair Work Act provides protection from discrimination at work. Unlawful discrimination is mostly known as relating to a persons race, colour, sex or age. However, it includes discrimination based on sexual orientation, disability, marital status, family responsibilities, religion, or political opinions. The legislation also protects employees from bullying and other unlawful action.
Workers can make complaints to their employer if any of these events occur. They can also apply to the Fair Work Commission or complain to their union. This is referred to as exercising a workplace right. If so, they are protected from retaliation by their employer. Adverse action includes many forms of retaliation, such as dismissing an employee or reducing their wages. Other examples are excluding the employee from benefits or opportunities, or refusing to employ someone.
Adverse action is unlawful if done because the employee has exercised their workplace rights.
It is important to remember that these laws apply more broadly than unfair dismissal laws. High earning employees and small businesses are excluded from standard unfair dismissal actions. However, where there are claims of adverse action almost all employment relationships are covered.