Adverse Action Claims Queensland

Don’t let unfair treatment go unchallenged. The Fair Work Act 2009 safeguards you against wrongful dismissal, discrimination, and detrimental job changes through its general protections.

At Fox Piper, our expert lawyers specialise in defending your rights against adverse actions. We ensure your rights are upheld and you receive the justice you deserve.

Take the first step towards a fair resolution with Fox Piper by your side.

What is
Adverse Action?

Adverse action refers to actions taken by employers or prospective employers against employees for prohibited reasons under Australian law. These actions include dismissal, detrimental alterations to job conditions, discrimination and more. Adverse actions are unlawful if they are motivated by reasons such as an employee’s race, sex, disability, other protected status or their exercise of workplace rights, as outlined in the Fair Work Act 2009.

Dangers and Consequences

  • Dismissal

    Unfair dismissal can lead to financial strain and emotional distress for the employee, while employers may face reinstatement orders and compensation claims.

  • Detrimental Changes

    Altering an employee’s job conditions to their disadvantage can disrupt their livelihood and career progression.

  • Discrimination

    Discriminatory actions undermine workplace equality and morale, risking legal repercussions and reputational damage for employers.

            Resolve your dispute in 3 easy steps

            Step 1

            Submit Your Enquiry

            Provide us with details about your situation. We will assess to see how best we can help you. All enquiry submissions are confidential.

            Step 2

            Speak with a solicitor

            We will take the time to understand your circumstances and give you guidance.

            We will speak with you about your matter, give you options, and most importantly potential solutions.

            Step 3

            Post-consultation email

            We know that legal matters can be stressful and that our initial consultation can contain a lot of information. After our consultation we will send you an email with an overview and next steps so you have something to reflect upon and make a careful and considered decision.

            Why Fox Piper?

            Fox Piper excels in handling adverse action claims with a deep understanding of employment law complexities, ensuring robust representation and tailored legal strategies to safeguard your rights effectively.

            At Fox Piper, we are dedicated to safeguarding your rights and achieving justice in adverse action claims. Our range of services includes:

            • Initial Case Assessment

              We begin with a thorough review of your situation, listening to your side of the story and analysing the details surrounding the adverse actions you've experienced. This assessment helps us understand the strengths of your case and identify potential legal strategies.
            • Evidence Collection

              Gathering compelling evidence is crucial in building a strong case. Our team will help to collect relevant documents, emails, witness statements and any other evidence that supports your claim of adverse action.
            • Strategic Legal Advice

              Armed with a deep understanding of employment law, our experienced lawyers provide strategic advice tailored to your specific circumstances. We assess the legal implications, discuss potential outcomes and guide you through the complexities of the legal process.
            • Negotiation and Mediation

              We aim to resolve disputes amicably whenever possible. Our negotiation skills and experience in mediation enable us to pursue fair settlements that uphold your rights and interests without the need for lengthy litigation.
            • Litigation Representation

              If negotiation fails to achieve a satisfactory resolution, our litigation team is prepared to vigorously represent you in court. We advocate for your rights with determination and professionalism, presenting a compelling case to secure the best possible outcome.

            Take the First Step

            Tell us about your dispute, and our team will assess your enquiry and guide you on possible next steps. We’re here to help you navigate the process with clarity and confidence.

            FAQs

            • What rights protect employees against adverse actions in Australia?

              Employees in Australia are protected under the Fair Work Act 2009, which prohibits adverse actions based on attributes such as race, sex, disability, and participation in industrial activities. Queensland employees also benefit from protections under the Anti-Discrimination Act 1991, which prohibits discrimination based on various grounds including age, religion and political opinion.

            • How can I prove adverse action has been taken against me?

              Evidence of adverse action can include documentation of dismissal, changes in job conditions, discriminatory treatment or other actions detrimental to your employment. Witness statements, emails and performance reviews may also support your case.

            • What should I do if I believe I have been subjected to adverse action?

              Seek legal advice promptly. Fox Piper offers a consultation to review your situation and advise on the best course of action, whether negotiation or litigation.

            • Can I be compensated for adverse actions taken against me?

              Yes, if adverse action is proven to be unlawful, you may be entitled to compensation for financial losses, emotional distress and reinstatement if applicable.

            Sources
            Anti-Discrimination Act 1991 (Qld)
            Fair Work Act 2009 (Cth)