TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.386, 34 Fair Work Act 2009 – application for unfair dismissal remedy – jurisdictional objection – applicant on fixed term contract and employment ended with effluxion of time not at initiative of respondent – applicant employed on initial fixed term agreement then second agreement with fixed term extensions – extensions instructed that presenting for next rotation following contract end date was acceptance of offer and contract would end if no further extension offered – final extension ended 29 February 2016 – expressions of interest (EOI) to continue working emailed to relevant employees 5 November 2015 – EOI open for six weeks – respondent sent Completion of Contract Notice by email on 10 February 2016 – applicant submitted did not receive EOI nor second employment agreement and two extensions but did receive email dated 10 February 2016 – submitted did not think he was employed pursuant to fixed term expiring 29 February 2016 – contended having passed probation he continued working – expected more direct communication and would have expressed interest had he known – respondent submitted applicant had not previously mentioned he had not received emails containing employment agreements, extensions and EOI nor had applicant made enquiries about first employment contract having come to an end – Commission considered Department of Justice regarding fixed term contracts – satisfied relevant documents were issued to applicant and engagement ended 29 February 2016 otherwise engagement would have terminated at earlier date – satisfied employment ended due to effluxion of time and not at initiative of respondent – jurisdictional objection upheld – application dismissed. Beaumont v Wilson Security P/L
…
