Employers in breach

Adrian Rasmussen • May 6, 2015

With employees becoming increasingly aware of the various legal avenues they can take to make a claim against their employer, it is crucial that employers raise their awareness and understanding of these issues. One poorly made decision when managing performance or behaviour can land employers and their business in hot water along with some hefty penalties and fines.

Claims against employers for being in breach of the General Protection provisions under the Fair Work Act are becoming more and more common. A General Protections dispute can occur, if an employee reasonably believes that they have been dismissed, warned, disciplined, bullied or discriminated against because they possess a certain protected attribute or engage in a protected activity. For example:

  • An employer cannot discipline an employee because of their temporary absence from work due to illness or injury.
  • An employer cannot discriminate against an employee who is or is not a member of a union or industrial association.
  • An employer cannot dismiss an employee who is exercising a workplace right, such as making an inquiry or complaint in relation to their employment

Attributes such as gender, age, sexuality, pregnancy and race are also protected, with employees able to make claims under Anti-Discrimination legislation if they believe they have been discriminated against because of these protected attributes.

Additionally, employees are now able to make an application to the Fair Work Commission for an order to stop workplace bullying under the new Fair Work Act Anti-Bullying Scheme. However, if an employer’s actions were considered reasonable management action then the application is less likely to succeed.

If you are an employer and wanting to know more about how to effectively manage underperformance in your business and minimise the legal risks phone us to arrange an appointment with myself or one of our HR experts.

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Adrian Rasmussen retires after decades supporting Regional Queensland

By BMO • June 30, 2026
After an incredible career dedicated to supporting regional businesses, farming families and rural communities, BMO Business Centre Partner Adrian Rasmussen will officially retire from the partnership effective 30 June 2026. For many across the Western Downs and beyond, Adrian has been far more than an accountant or advisor. Over decades in business, he has built trusted relationships grounded in honesty, loyalty and a genuine understanding of regional life and the people who live it. Adrian’s connection to the country and agriculture has always been at the heart of who he is. He has worked alongside generations of farming families and business owners through seasons of growth, challenge and change, becoming a steady and respected presence for clients, colleagues and the wider community alike. Reflecting on his time at BMO, Adrian said the relationships formed throughout his career have been among the most rewarding parts of the journey. “It has been a privilege to work with so many wonderful people over the years; not only clients, but colleagues and communities who have become lifelong friends,” Adrian said. “Regional communities are built on relationships, trust and supporting one another, and I’m incredibly grateful to have been part of that throughout my career.” BMO Business Centre Managing Partners Kelvin Tyler and Michelle McVeigh said Adrian’s contribution to both the business and the region would leave a lasting legacy. “Adrian has played an incredibly important role in shaping BMO into the business it is today,” they said. “His care for clients, commitment to regional communities and calm, practical approach have earned enormous respect across our industry and the communities we serve. While we will certainly miss having him in the office, we are excited for Adrian and his family as they enter this next chapter.” While stepping away from the partnership, Adrian is looking forward to spending more time with family, on the farm and enjoying a well-earned change of pace after many years dedicated to supporting others. Everyone at BMO Business Centre extends their sincere thanks to Adrian for his years of service, friendship and leadership, and wishes Adrian and his family all the very best for the future.

Your 30 June superannuation checklist

By Nikki Ashurst • June 4, 2026
Five easy ways to get more into your super fund before the end of the financial year.