Is an Employee ‘Dismissed’ at the end of a Fixed Term Contract?

The recent case of Mr David Purdon v Services Australia, Centrelink - [2023] FWC 523 | Fair Work Commission indicates where a contract of employment includes a specified end date there is no ‘dismissal’ within the meaning of s386 of the Fair Work Act 2009 (Cth) when that end date is reached. Instead, the employment simply comes to an end in accordance with the agreement between the parties.

This case also confirmed that the inclusion of an employee in a written roster extending past the end date of that employee’s contract does not amount to an extension of the term of the contract, nor can it be used as evidence of such. As quoted “[I] consider that a roster is primarily a scheduling tool to let employees know of the days and hours they will be required to work if they remain employed by their employer during the period of the roster. It does not constitute a promise, assurance or notification that the employee will remain employed during the period of the roster.”

Should you require any further information, please contact Nicholas McCarthy