“Still a Worker’s Paradise?”
Breach of Workplace Rights & Adverse Action 2013


“Taking effect from 1 July 2009, the ability for a claimant to bring a claim of breach of workplace rights (also known as an adverse action claim) under the general protections provisions of the Fair Work Act 2009 (“FW Act”) represented a significant new weapon for people with workplace grievances.

Although the provisions have been in force for 3 years now, there has not been a flood of general protections claims, certainly in comparison to statutory unfair dismissal claims.1 Likewise, the number of these claims resulting in judicial determination has been relatively small and it has taken some time for a body of principles to emerge. This paper seeks to break down the main breach of workplace rights provisions, collate guidance from the cases to date and provide some tips so readers can at least be aware of some of the warning signs of potential claims in this area.”