TERMINATION OF EMPLOYMENT – contract for specified term – s.394 Fair Work Act 2009 – applicant filed an application – respondent asserted that the Commission had no jurisdiction to deal with it – applicant was not dismissed – respondent claimed contract of employment ended at the end of the specified term – applicant’s first engagement commenced with a fixed term contract for the period 22 February 2010 to 14 April 2010 – comprised of sixteen discrete periods up until 5 March 2016 – fixed terms contracts, interspersed with periods of casual and ongoing employment – applicant only worked consecutive periods covered by fixed term contracts once, from 15 January 2012 to 21 April 2012 – respondent submitted applicant did not perform work after 5 March 2016 – respondent wrote to applicant – asserted applicant’s fixed term contract commencing 10 January 2016 expired on 5 March 2016 – he was no longer employed by it – contract from 10 January 2016 to 5 March 2016 was confirmed via email on 23 March 2016 – rosters are prepared six weeks in advance – respondent denied making verbal offers of extending fixed term contract – but paid additional 80 hour payment addition to the payment of accrued entitlements on 19 March 2016 due to an administrative error as his name appeared on the roster – respondent submitted that it was common practice for fixed term contracts to be offered and extended on a ‘verbal basis’ – also if fixed term contracts were not extended, they fall into a casual pool – on or around the 16 February 2016, he was informed that he was suspended with pay, pending the outcome of an investigation of alleged misconduct said to have occurred the day before – Commission satisfied that there was an oral contract between the parties in existence which commenced on 10 January 2016 – had a termination date of 5 March 2016, which was not confirmed in writing until after 5 March 2016 – Full Bench makes clear in Lunn, regardless of applicant’s expectations at the termination of the contract in terms of automatic ongoing employment – does not permit conclusion that there was a common intention that the contract he and the respondent entered into was not to terminate on 5 March 2016 – contract of employment between the parties was for a specified period of time, once it reached its end date of 5 March 2016, the contract of employment terminated through the effluxion of time – there was no termination on the respondent’s initiative – Commission found applicant has not been dismissed, so application was dismissed. Margetts v Department of Justice and Regulation t/a Corrections Victoria
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