Unlawful dismissal; what is adverse action?
The general protections of the Fair Work Act prohibit inter alia the taking of adverse action by an employer against an employee because the employee has exercised a workplace right. The termination of the employment of an employee is self evidently the taking of adverse action, but what other conduct constitutes adverse action?
“For there to be adverse action, the employee, individually speaking, must be in a worse situation after the relevant conduct than he was before it and the deterioration in his position must have been caused by the employer’s conduct. The employer’s acts must in fact amount to a prejudicial alteration which is real and substantial rather than merely possible or hypothetical.”
Keenan v Cummins South Pacific Pty Ltd (201*) FCCA 2600 delivered 14 September 2018 per Wilson J
 Community and Public Sector Union v Telstra Corporation Ltd (2001) 107 FCR 93 (at -); Finance Sector Union of Australia v Commonwealth Bank of Australia Ltd (2005) 147 FCR 158 (at -)
 Community and Public Sector Union v Telstra Corporation Ltd (2001) 107 FCR 93 (at )