A legal concept under the Fair Work Act 2009 that prohibits employers from taking negative action against employees because they exercised a workplace right — such as making a complaint, taking sick leave, or joining a union.
Under Part 3-1 of the Fair Work Act 2009, an employer must not take "adverse action" against an employee or prospective employee because they exercised, or proposed to exercise, a "workplace right." Adverse action includes dismissal, injury in employment, alteration of position to the employee's detriment, and discrimination. The burden of proof is reversed — the employer must prove the action was not taken for a prohibited reason. Penalties can be significant.
A Sydney nurse makes a formal complaint about unsafe staffing levels. The following week her hours are cut significantly. She applies to the FWC for a general protections dispute, alleging adverse action. Because the burden is reversed, the employer must prove the hours reduction was unrelated to her complaint.
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