Adverse action includes not only dismissing an employee but also covers a broader range of conduct that negatively affects an employee’s position at work. This can involve disadvantaging or harming an employee in their role, discriminating against them, or altering their job in a way that places them in a worse position than before. These actions may result in the loss of specific rights or benefits tied to their employment and typically stem from intentional decisions made by the employer. Examples of these might include:
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A person has a workplace right if they:
For example, you can question why you weren’t granted personal leave or why money was deducted from your pay. It's unlawful for your employer to take negative action against you simply because you've exercised—or chosen not to exercise—your rights.
The General Protections provisions also protect against discrimination based on:
Discrimination can be direct or indirect. For example, requiring full-time hours immediately after maternity leave could amount to indirect discrimination.
An employer must not: