the Applicant v Hobart City Council
At a glance
- 1
What happened
the Applicant commenced employment with Hobart City Council in July 2022 as a Smoking Education Officer under a fixed-term contract ending September 2023. The contract was varied, extending the end date to September 2025. the Applicant claimed her dismissal occurred on September 11, 2025, alleging breaches of workplace laws. The Council stated her employment ended upon expiry of the contract on September 5, 2025.
What was decided
The Fair Work Commission dismissed the Applicant’s application under s365 of the Fair Work Act. the Commissioner found that the Applicant's employment ended due to the expiration of a fixed-term contract and not because she was dismissed by the Council. This meant her claim did not meet the legal definition of dismissal as outlined in s386 of the Act, so the Commission lacked jurisdiction to hear it.
What it means for employers
Employers using fixed-term contracts should ensure employees understand the terms, including end dates and lack of ongoing employment obligations. Clear communication about contract variations is essential, with written confirmation from the employee. This case highlights that a contract expiry isn't considered a dismissal for Fair Work purposes.
What it means for employees
Employees working under fixed-term contracts should carefully review their agreements and any variations. Understand the end date and what it means for your employment. If you believe your termination was unfair or involved adverse action, seek legal advice to determine if it constitutes a 'dismissal' as defined by law.
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