Archive | Employment Contract Law

Maximum Term Contract leaves referee on the Bench

A General Protections claim before the Fair Work Commission (“FWC”) has been “stopped in its tracks” before it even started. The FWC held that a National Rugby League (“NRL”) referee was not dismissed, but rather, his “maximum-term” 12-month contract expired. It is for this reason that the FWC had no jurisdiction over the matter as […]

Employee or contractor? The Fair Work Commission apply the legal framework in a recent case

A recent decision[i] of the Fair Work Commission has clarified the legal principles which are used by the Fair Work Commission to determine whether a relationship is that of employer and employee or principal and contractor. Background The Worker (the Worker) performed work for a nursing service (the Business). The initial decision concerned whether the […]

Workers on Maximum Term Contracts now have access to Unfair Dismissal

A recent case before the Fair Work Commission Full Bench (FWCFB) has given greater scope to workers under maximum term contracts to seek recourse in the unfair dismissal jurisdiction (Navitas). [1] Prior to this decision, the expiry of a maximum term contract at its specified date did not result in the employee being “dismissed”. This […]