Adverse Action (General Protections)

Section 340 of the fair Work Act provides protection from adverse action as below:

(1)     A person must not take adverse action against another person

(a)     because the other person:

 i)    has a workplace right

ii)     has or has not, exercised a workplace right: or

iii)    proposes or proposed not to, or has at any time proposed or proposed not to, exercise a workplace right:


(b)    to prevent the exercise of a workplace right by the other person

These claims are complex and can be damaging if not dealt with promptly and professionally, and Leigh is experienced in handling these claims at all levels for both employers and employees.

There are crucial procedural steps, eligibility requirements and timelines that apply to these matters and claims, which if ignored or mismanaged can dramatically effect either the ability to lodge or defend a claim and the potential settlement outcomes.