NSW Commission examines whether informal assurances can override written contract terms
29 May 2025
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The Industrial Relations Commission of New South Wales recently dealt with an employment dispute involving a worker who challenged the end of his maximum-term contract, claiming he had been unfairly dismissed and victimised.
The worker argued his employment should have been considered permanent rather than temporary, and that his employer had breached industrial award provisions when creating his position.
The worker maintained that his employer had made representations suggesting his temporary role would lead to permanent employment, and that he had been led to believe his contract would continue beyond its specified end date.
He claimed the employer's decision to advertise a new permanent position externally, rather than internally, demonstrated discriminatory treatment linked to his previous involvement in industrial proceedings against another organisation.
The worker's employment began after he was initially engaged through a labour hire agency to work within the local council's financial services team on a casual basis in July 2023.
When a nearby council offered him a permanent senior finance business partner role, he informed his current manager about the offer. The manager, keen to retain his services, told him that he could only be offered employment for 12 months due to local government recruitment requirements.
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