Termination of employment – contract for specified term – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed by respondent between November 2009 and 23 February 2015 – originally subject to five year fixed term employment contract – at expiration of term in November 2014 applicant continued working in accordance with arrangement before expiry – applicant applied for new position advertised by respondent but was unsuccessful – received written notification on 29 January 2015 that employment would cease on 9 February 2015 – Commission found no variation of employment contract either explicitly or impliedly to the effect that applicant would be employed in advertised position – no entitlement of applicant to advertised position – work performed after expiry of fixed term contract subject to prevailing needs of respondent – valid reason for dismisal a neutral consideration [UES] – because of change in operational requirements, applicant surplus to requirements – fact applicant not given three months’ written notice as required by relevant agreement a matter that should be taken into account – given valid reason a neutral consideration, the absence of the requisite notice lead to a finding of unfair dismissal – Commission satisfied applicant unfairly dismissed – reinstatement inappropriate – compensation appropriate – anticipated period of employment until expiration of notice period under agreement – order issued for payment of compensation of $20,555. Majumdar v Peninsula Healh t/a Frankston Hospital.
