The applicant, a Registered Nurse, claimed that the respondent unfairly dismissed her.  The respondent argued that her employment ended with the expiration of her fixed-term contract and that she was therefore not dismissed.

The applicant was offered a fixed-term contract as a Registered Nurse for a period of one year, with the potential to transfer to permanent employment. She requested an extension of her contract but was not offered such. The applicant contended that because there was the potential for her to be transferred to a permanent position and there were no issues raised with her performance, that not offering her a further contract amounted to dismissal.

The respondent argued that as the applicant’s employment came to an end through the expiry of her fixed-term contract, no dismissal occurred. The respondent claimed that at all times it was expressed to the applicant that there was no guarantee or promise of permanency following the fixed-term contract, and that the applicant was offered a casual position after her fixed-term contract ended, which she declined.

Commissioner Emmanuel found that the applicant's employment contract clearly stated it was for a fixed-term and that there was no obligation to enter into any further employment arrangement. The evidence did not show that the respondent dismissed the applicant. Therefore, the Commissioner concluded that the applicant was not dismissed and dismissed her application for want of jurisdiction.

The decision can be read here.