TERMINATION OF EMPLOYMENT – contract for specified term – ss.386, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on basis that applicant was party to a fixed term contract of employment that operated from 1 July 2013 and expired on 30 June 2016 (the 2013 Contract) – argued that applicant was not ‘dismissed’ – his employment came to an end at the completion of the fixed term period within the meaning of s.386(2) of FW Act – in the alternative, respondent argued that if it was wrong about applicant being bound by the 2013 Contract, he was bound by an earlier contract which commenced in 2007 (the 2007 Contract) and was subject to continuity of government funding – respondent submitted there was no longer government funding for applicant’s role, and thus it was entitled to rely on the 2007 Contract to terminate his employment – respondent could not produce a signed copy of the 2013 Contract – applicant submitted he was employed under the 2007 Contract that was not for a specified period of time, but open ended – Commission held a contract does not need to be signed to be made, and in certain circumstances by not challenging the terms of a contract it can be the case that implied acceptance of the benefits constitutes implied acceptance of an offer – satisfied that at the time the employment ended on 30 June 2016 the 2007 Contract still operated – satisfied the 2013 Contract was never made – found reason for termination was based on a restructuring of the organisation caused by reduced funding – Commission not satisfied dismissal was harsh, unjust or unreasonable – application dismissed. Newson v South West NRM Limited t/a South West NRM
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