Managing adverse action claims

Adverse action claims are fast becoming an employee's claim of choice.

This workshop considers the practical implications of the High Court's views on the adverse action and more recent developments in the interpretation of the scope of these provisions. This half-day workshop guides participants through the latest developments in the adverse action provisions to generate an understanding of what adverse action is (and is not), the three-stage test to apply, where key risks may arise, and strategies employers can put in place to manage this rapidly changing risk.

Recommended for: All staff with management and supervisory responsibilities, and their advisors in HR and legal teams

Learning outcomes

At the end of this program, participants will understand:

1.  The adverse action legal framework, including:

• what can constitute adverse action
• what protections apply
• what is a prohibited reason

2.  The importance of selecting an appropriate decision-maker, and the risks of multiple decision-makers

3.  The key risk areas where claims may be made, including:

• recruitment
• performance management
• dealing with unions and union members
• dealing with third party providers (labour hire and contractors)

4.  The difficulties employers face when defending an adverse action claim

5.  The consequences for an employer of a successful claim

6.  Protecting legal professional privilege over investigation reports

7.  How the adverse action provisions interact with other claims available to employees; and

8.  Steps to make good decisions and mitigate the risks of adverse action claims.

We can also work with you in advance of any training to conduct a gap analysis and review your policies and procedures.

Why Ashurst?

Many of our lawyers are experienced trainers with expertise in developing and facilitating informative, practical and interactive training programs. Our lawyers are also clear, concise and engaging seminar presenters.

Organisations that have benefitted from our Client Tailored Workplace Learning options include the Australian Federal Police, Australian Taxation Office, Bank of America Merrill Lynch, Bank Australia, BOC, David Jones and Country Road Group, Department of the Prime Minister and Cabinet, Ipoh, Mitsui, Monash University, Morgan Stanley, Newcrest Mining Limited, Qantas Airways Limited, University of Queensland, Westpac, and Woolworths.