Top lawyer warns of rising tide of adverse action claims

by Chloe Taylor23 Oct 2014
Adverse action claims are affecting employers nationwide as they become employees’ alternative to claiming unfair dismissal. Human Capital spoke to Vince Rogers, partner at Ashurst Australia, about the presence of these claims.

Rogers said that these cases are becoming more commonplace.

“They are far more common than discrimination claims,” Rogers said. “If someone feels they can’t pursue an unfair dismissal claim they commence this instead.”

When employees claim that adverse action has been taken against them, their employer obviously falls into an unwanted situation.

Rogers deemed the most difficult aspect of these claims, for employers, to be “both the process and being in a position to prove that the adverse action wasn’t taken,” advising employers to “carefully document the reasons why they are taking certain actions.”

Rogers will be speaking on the topic at the upcoming Employment Law for HR Managers conference.

“I’ll be speaking on the outcome of high court decision last week, which we ran,” said Rogers. “The seminar will review and analyse the judgements of the high court.”
The case to which Rogers referred was previously reported by Human Capital.

Vince Rogers will be speaking at the Employment Law for HR Managers in Brisbane on 18 November – click here to book your seat.


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