TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.386, 394 Fair Work Act 2009 – applicant commenced work as part of one year contract with respondent on 26 January 2005 – contract tacitly renewed each year until dismissal on 30 June 2015 – applicant submitted where employment for fixed term continues after expiry, employment continues for indefinite period subject to termination – submitted that in alternative, if employed on series of one year fixed term contracts, dismissal took effect midway through current contract – respondent submitted that applicant effectively resigned by taking one month absence on sick leave as notice – Commission found that there was no sustainable basis for respondent’s contention that employment contract expired on 30 June 2015 – found nothing to support respondent’s contention that applicant resigned – held that termination was at initiative of respondent and that there was no valid reason for termination – applicant submitted that dismissal was harsh having regard to her age, difficulty in obtaining alternative employment and length of service – Commission held dismissal was harsh, unjust and unreasonable – reinstatement not appropriate in the circumstances – ordered maximum statutory compensation of 26 weeks ($15,506.46) taxed according to law. Kim v Embassy of the People’s Democratic Republic of Algeria
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