Russell v Bretesea Pty Ltd T/A Yes Lismore Optus Square

The applicant, Russell, brought proceedings against the respondent, Bretesea Pty Ltd trading as Yes Lismore Optus Square, alleging contraventions of sections 340 and 351 of the *Fair Work Act 2009* (Cth). The dispute concerned the circumstances surrounding the issuance of a separation certificate. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issues before the Court were whether the respondent had contravened section 340 of the *Fair Work Act 2009* (Cth) by taking adverse action against the applicant for exercising a workplace right, and whether the respondent had contravened section 351 of the *Fair Work Act 2009* (Cth) by taking adverse action against the applicant because of their race.

Judge Street found that the applicant had not established a contravention of either section 340 or section 351. The Court's reasoning focused on the evidence presented, which did not support the applicant's claims of adverse action being taken for exercising a workplace right or due to their race. Consequently, the application was dismissed.