The chairman of a Western Australian aerospace engineering firm has been removed from his position after a workplace investigation into alleged behaviour, with a Federal Court judge refusing to block his termination.
Court Rejects Chairman's Bid to Block Termination
Ross Love has been ousted as director and chairman of ASX-listed Structural Monitoring Systems (SMS). The Perth-headquartered company announced his removal on December 23, 2025, following a complaint from a female employee based at its Canadian subsidiary.
The decision came after Justice Samuel Vandongen of the Federal Court of Australia declined to grant Mr Love an interlocutory injunction, which would have temporarily prevented SMS from terminating his contract. In his reasoning, Justice Vandongen noted that the relationship between Mr Love and the SMS boards had broken down and that trust had "evaporated".
Complaint Triggers Investigation and Legal Battle
The dispute originates from a complaint made in July 2025 by an employee of Anodyne Electronic Manufacturing Corp (AEM), a Canadian subsidiary of SMS. At the time, Mr Love was serving as both the CEO of SMS and the interim CEO of AEM.
Court documents state the woman "made allegations about Mr Love’s behaviour in the workplace," leading to the appointment of an independent workplace investigator. Mr Love was provided with a summary of the investigator's final report in mid-September but was refused access to the full document.
A subsequent exchange of legal letters culminated in SMS lawyers demanding Mr Love "settle the dispute" or face termination of the service agreement with his company, Turton House Group. In response, Mr Love and Turton House Group launched legal action seeking to restrain SMS, along with compensation and penalties.
Allegations of Adverse Action and Board Fallout
In his claim, Mr Love alleges that SMS engaged in adverse action against him under the Fair Work Act. His claims include:
- Being refused the full investigation report.
- Exclusion from a September UK board meeting.
- Denial of access to his workplace.
- Having his company credit card cancelled without notice.
He also claims the board failed to put to shareholders a recommendation to grant him 1.5 million shares, as previously endorsed by the SMS UK board. During court proceedings, his lawyer, Ian Neil SC, argued the SMS board had presented an ultimatum: "either you go quietly now, or we’re going to publish the report."
In its ASX announcement, the SMS board stated it acted in accordance with its duties, ensuring Mr Love was notified of the concerns and given a chance to respond. "Following careful consideration of the report, and Mr Love’s subsequent behaviour, the board determined that it was in the best interests of the company to terminate Mr Love’s executive services agreement," the statement read.
The case is set to return to court at a date yet to be fixed.
