342Meaning of adverse action

342 Meaning of adverse action

(1) The following table sets out circumstances in which a person takes adverse action against another person.

• Meaning of adverse action
• Item Column 1Adverse action is taken by ... Column 2if ...
• 1 an employer against an employee the employer:(a) dismisses the employee; or(b) injures the employee in his or her employment; or(c) alters the position of the employee to the employee’s prejudice; or(d) discriminates between the employee and other employees of the employer.
• 2 a prospective employer against a prospective employee the prospective employer:(a) refuses to employ the prospective employee; or(b) discriminates against the prospective employee in the terms or conditions on which the prospective employer offers to employ the prospective employee.
• 3 a person (the principal) who has entered into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor the principal:(a) terminates the contract; or(b) injures the independent contractor in relation to the terms and conditions of the contract; or(c) alters the position of the independent contractor to the independent contractor’s prejudice; or(d) refuses to make use of, or agree to make use of, services offered by the independent contractor; or(e) refuses to supply, or agree to supply, goods or services to the independent contractor.
• 3A a digital labour platform operator that has entered into a contract with an employee‑like worker for use of, or access to, a digital labour platform against the employee‑like worker the digital labour platform operator:(a) terminates the contract; or(b) injures the employee‑like worker in relation to the terms and conditions of the contract; or(c) alters the position of the employee‑like worker to the employee‑like worker’s prejudice; or(d) refuses to make use of, or agree to make use of, services offered by the employee‑like worker; or(e) refuses to provide to the employee‑like worker use of or access to the digital labour platform.
• 4 a person (the principal) proposing to enter into a contract for services with an independent contractor against the independent contractor, or a person employed or engaged by the independent contractor the principal:(a) refuses to engage the independent contractor; or(b) discriminates against the independent contractor in the terms or conditions on which the principal offers to engage the independent contractor; or(c) refuses to make use of, or agree to make use of, services offered by the independent contractor; or(d) refuses to supply, or agree to supply, goods or services to the independent contractor.
• 4A a digital labour platform operator that proposes to enter into a contract with an employee‑like worker for use of, or access to, a digital labour platform against the employee‑like worker the digital labour platform operator:(a) refuses to agree to provide to the employee‑like worker use of, or access to, the digital labour platform; or(b) discriminates against the employee‑like worker in relation to the terms and conditions on which the digital labour platform operator agrees to provide to the employee‑like worker use of, or access to, the digital labour platform; or(c) refuses to make use of, or agree to make use of, services offered by the employee‑like worker.