Ross v R.C. MacKenzie and Sons Pty Ltd

In the case of Ross v R.C. MacKenzie and Sons Pty Ltd, the Federal Magistrates Court was required to determine whether the respondent, R.C. MacKenzie and Sons Pty Ltd, had taken adverse action against the applicant, Darren John Ross, in contravention of section 340(1) of the Fair Work Act 2009 (Cth). The applicant alleged that the respondent terminated his employment because he was seeking to exercise a workplace right to take compassionate leave, in contravention of the Act. The respondent, on the other hand, argued that the termination was due to the applicant's alleged serious misconduct in bringing his child into the workplace, which posed a safety risk.

The court found that the evidence provided by the respondent, Mr Mackenzie, was unreliable and contradicted by other evidence. The court concluded that the adverse action taken against the applicant was indeed due to the exercise of his workplace right to take compassionate leave, and not due to any misconduct or safety concerns. As a result, the court found in favour of the applicant and ordered the respondent to pay compensation to the applicant for the loss suffered due to the contravention of the Act. The amount of compensation was calculated based on the applicant's lost remuneration, deductions for earnings since termination, and a discount for potential lawful dismissal and taxation. The final amount awarded to the applicant was $32,872.87.