Fixed-term employee disputes contract end date following formal confirmation of permanent status
03 Jun 2025
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The Fair Work Commission (FWC) recently dealt with a general protections application involving dismissal where the employer raised a jurisdictional objection, arguing that no dismissal had occurred.
The employer said the worker's employment had simply ended when his fixed-term contract expired as originally agreed, and therefore no dismissal within the legal definition had taken place.
The worker argued that his original fixed-term contract had been varied to permanent employment through a formal letter from the company congratulating him on completing his probationary period and appointing him to "permanent staff."
He maintained that this variation meant his employment could not simply end when the original contract date arrived, and that the employer's decision to terminate constituted dismissal at the employer's initiative.
The worker had been initially engaged as a rostering officer on a fixed-term contract dated 9 May 2022, with employment commencing on 31 May 2022 and scheduled to end on 30 March 2025. The employer provides general community support services through various funded programs including the National Disability Insurance Scheme (NDIS) and Home Care Packages.
The original contract noted that the employment period aligned with the worker's subclass 485 Temporary Graduate Visa and stated that any...
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