“The Plaintiff’s New Black”
Adverse Action


“Taking effect from 1 July 2009, the workplace rights, or “adverse action” provisions of the Fair Work Act 2009 represent a significant new weapon for people with workplace grievances. Together with the reduction in the employee numbers threshold for unfair dismissal claims, they constitute a significant expansion of previously existing legal rights. This is reflected in the number of these types of claims. According to FWA’s quarterly report for the first 3 months of 2012, 706 general protection applications were lodged with FWA. This compares with 566 in the same quarter of 2011.”