Western Australian Industrial Relations Commission

No dismissal when fixed term contract ends

The Commission dismissed a claim of unfair dismissal by a teacher who claimed she was dismissed from her employment because in truth her employment came to an end without action from the employer at the end date of a job share arrangement. 

The applicant did not convince Commissioner Matthews that she had a real expectation that the employment would be 'rolled' over into the next school year.  Even though the applicant had been in the job share arrangement each year for many years, the Commission was satisfied that she knew her employment depended upon other things happening, which may or may not happen from year to year, and that she could have had no reasonable expectation that she would be reappointed. 

The decision can be read here

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