TERMINATION OF EMPLOYMENT – contract for specified term – ss.385, 386, 394 Fair Work Act 2009 – application for unfair dismissal remedy – preliminary matter – Commission required to determine whether applicant had been ‘dismissed’ in accordance with s.386 of the Act – applicant commenced employment with the respondent in 2005 – respondent submitted that applicant was employed under a fixed term contract ending 31 December 2016 – issue for determination was whether the applicant was a person employed under a contract of employment for a specified period of time – it was submitted that Conditions of Employment incorporated in the contract suggested that employment was ongoing – relevant clause of the Conditions of Employment was ‘should the incumbent be unsuccessful in obtaining a similar position in the current or any other Catholic school, he/she shall have security if employment’ – respondent submitted that it had no on-going obligations as a consequence of the Conditions of Employment as applicant failed or declined to apply for any other positions – respondent submitted that applicant was eligible to apply for three other positions – applicant submitted that such discussions with respondent were vague and no details were given – Commission satisfied that while applicant was appointed in her role for a specified period of time, the incorporated Conditions of Employment meant that the applicant had an on-going contract of employment if she was not reappointed to such position at the end of the specified period – held that applicant was ‘dismissed’ in accordance with the FW Act – employment terminated on employer’s initiative – application to be relisted to hear substantive unfair dismissal claim. Wiener v The Congregation of Presentation Sisters (WA) Incorporated t/a Iona Presentation College
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