She said her job was ongoing - the Commission checked the contract's end date

A government lawyer argued her job was really ongoing. The Fair Work Commission said her contract simply ended - and threw out her case.

When a fixed-term contract runs out and an employer chooses not to renew it, has the worker been dismissed? For any HR team that relies on fixed terms, the answer decides whether a claim can even begin. A Fair Work Commission decision handed down on June 1, 2026 draws the line clearly.

Hasna Shiraz worked as a lawyer for the Department of Education on a fixed-term contract, classified at the VPS5 level. On December 12, 2025, she was told the contract would not be extended, with the Department citing a lack of funding. Her employment ended on January 15, 2026 - the same cessation date written into her contract.

She then filed under section 365 of the Fair Work Act 2009. According to the decision, the evident basis for her claim was her belief that she had been dismissed because she made complaints about her employment and because she exercised workplace rights in accessing parental leave.

The Department went straight to a threshold question. It argued she had not been dismissed at all. Under section 386(2)(a) of the Act, a worker is not dismissed if they were hired for a "specified period of time" and the job ends when that period ends. No dismissal means no jurisdiction - and nothing for the Commission to resolve.

Shiraz argued the fixed term was a formality....

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