Termination of employment – contract for specified term – meaning of dismissal – ss.386, 394 Fair Work Act 2009 – application for relief from unfair dismissal remedy – applicant commenced employment as permanent part-time employee under terms of Cheap as Chips (Retail SA/ Broken Hill Staff) Enterprise Agreement 2013 (the Agreement) – applicant appointed to Assistant Store Manager and contract made no reference to Agreement – applicant subject to six month probationary period – correspondence relating to employment did not refer to any end date for position – applicant made workers compensation claim – sought position that enabled her to work 28 hours per week – correspondence referenced conditions of Agreement and provided for probationary period and notice requirements – applicant asserted it was never never highlighted to her that her employment was for a fixed term, but that she would be serving various probationary periods – ‘permanent’ appeared numerous times throughout Agreement – respondent submitted word ‘permanent’ denoted ‘non-casual’ employee without regard to defined or indefinite period of time – Commission acknowledged term could refer to both fixed term and on-going employees – Commission found changes to positions held by employee or position requirements do not mean there is cessation of employment – the termination of a contract of employment does not necessarily result in the termination of the employment relationship between the parties, if the parties have entered a new contract of employment, the employment relationship continues notwithstanding the termination of the prior contract of employment [Lunn] – Commission found that entirety of employment arrangement must be taken into account – found applicant was on-going employee and not subject to contract for specified term – found applicant dismissed at initiative of employer – jurisdictional objection dismissed. Morris v Palcove P/L t/a Cheap as Chips
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