the Applicant v Department of Education
Citation: [2025] FWC 1818
What happened
the Applicant commenced employment with the Department of Education and Training. His employment ended by operation of law, meaning it ceased automatically due to a change in legislation. the Applicant brought an unfair dismissal claim. The Fair Work Commission considered whether his termination was a dismissal for the purposes of the Fair Work Act.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. Deputy President Colman found that because his employment ended due to a change in law, it was not a dismissal under the Fair Work Act. The Commission stated that the cessation of employment was a consequence of legislative change, not a decision by the Department. Therefore, the Applicant was not unfairly dismissed.
What it means for employers
Employers should be aware that terminations resulting from changes in legislation may not be considered dismissals under the Fair Work Act. This can impact an employee’s ability to pursue an unfair dismissal claim.
What it means for employees
Employees whose employment ends due to changes in legislation may not be able to bring an unfair dismissal claim. It is important to understand the reason for termination and seek legal advice if unsure.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →