If an employee can show that their employer took adverse action against them because of a protected attribute, then they may be able to lodge a claim with the Fair Work Commission. This is a right that applies even if the individual is a prospective employee, meaning they are still in the process of being hired for a role.
Adverse action may include an employer dismissing an employee, giving them a written warning, demoting them, or subjecting them to a performance improvement plan. It is sufficient even if any of these actions are merely threatened by the employer.
It is important to note that not all acts of treating someone differently amount to unlawful discrimination. For example, there are some instances where performance management may not be an unlawful discrimination issue. An act will only amount to adverse action when a protected attribute, such as gender, is the basis of the action taken by the employer.
You may find it challenging to determine which course of action is most appropriate for your claim. If you require assistance, McDonald Murholme is committed to providing you with answers on what avenue is best suited to your matter, along with an effective strategy to settle your dispute.
Please don’t hesitate to contact us to speak with an experienced employment lawyer today.