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HRinfo
22-03-2011, 07:00 AM
Can anyone give me some advice or refer me to further information on Adverse Action? I am trying to get up to speed on what it means and if it can be used as an alternative to unfair dismissal laws for staff earning over the $109k salary threshold.

I'm finding it a bit difficult to interpret the FWA in relation to this.

Job Media
22-03-2011, 08:43 AM
Our understanding is that it definitely can be used as an alternative to unfair dismissal laws for staff earning over the $109k salary threshold. Although there has to be a case for an Adverse Action claim.

Adverse Action seems to be a bit of a legal minefield which is still being navigated by the specialist law firms, so whatever your view or understanding may be, it may not be the view of the courts. In other words there could be considerable uncertainty for employers.

Many of the lawyers who specialise in employment law publish guidance and examples of Adverse Action cases and/or information about cases that have already been settled.

A quick Google search (http://www.google.com.au/search?hl=en&newwindow=1&q=adverse+action&aq=f&aqi=g10&aql=&oq=) will generate plenty of information. Here's one example that looks quite useful Kemp Strang Lawyers - Adverse Action - the sleeping giant in the new era of Fair Work (http://www.kempstrang.com.au/index.cfm/p/adverse_action_the_sleeping_giant_in_the_new_era_o )

HRinfo
22-03-2011, 08:51 AM
Thank you!!!!