An employer takes adverse action against an employee if the employer:
- Dismisses the employee or
- Injures the employee in his or her employment or
- Alters the position of the employee to the employee’s prejudice or
- Discriminates between the employee and other employees.
A principal takes adverse action against an independent contractor if the principal:
- Terminates the contract or
- Injures the independent contractor in relation to the terms and conditions of the contract or
- Alters the position of the independent contractor to their prejudice or
- Refuses to use services offered by the independent contractor or
- Refuses to supply goods or services to the independent contractor.
A person has a workplace right if the person:
- Is entitled to the benefit of, or has a role or responsibility under, a workplace law, workplace instrument or order made by an industrial body or
- Is able to initiate, or participate in, a process or proceedings under a workplace law or workplace instrument or
Is able to make a complaint or inquiry, for example to WorkCover NSW or, in the case of an employee in relation to their employment.
