Claims brought under the adverse action provisions of the Fair Work Act are now coming before the courts, and the early results are mixed. Joydeep Hor, of People + Culture Strategies, says the law provides wider scope than previously for employees to allege unfair treatment and the onus is on employers to demonstrate that their actions were properly motivated and fairly carried through. That means careful attention to documentation, with particular emphasis on the reasons behind any action taken against an employee. The alternative could be an expensive court case and substantial financial penalties.
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