This extract from the Fair Work Commission’s general protections benchbook contains a summary of examples of what constitutes adverse action.
“Employer against an employee
Adverse action is taken by an employer against an employee if the employer threatens to, organises
or takes action by:
- dismissing the employee
- injuring the employee in his or her employment
- altering the position of the employee to the employee’s prejudice, or
- discriminating between the employee and other employees of the employer.
Employee against an employer
Adverse action is taken by an employee against an employer if the employee threatens to or takes
action by:
- ceasing work in the service of the employer, or
- taking industrial action against the employer.
Prospective employer against a prospective employee
Adverse action is taken by a prospective employer against a prospective employee if the prospective
employer threatens to or takes action by:
- refusing to employ the prospective employee, or
- discriminating against the prospective employee in the terms or conditions on which the
prospective employer offers to employ the prospective employee.
Principal against independent contractor
Adverse action is taken by the principal against an independent contractor if the principal threatens
to or takes action by:
- terminating the contract
- injuring the independent contractor in relation to the terms and conditions of the contract
- altering the position of the independent contractor to the independent contractor’s
prejudice
- refusing to make use of, or agree to make use of, services offered by the independent
contractor, or
- refusing to supply, or agree to supply, goods or services to the independent contractor.”