The worker claimed his manager had previously told him that someone doing well in their job would get the permanent role when it became available. However, the manager strongly disputed making such statements, explaining she was aware that permanent positions had to be advertised and recruited through a meritorious selection process.
During cross-examination, the worker suggested his manager had told him “so many times that this position will never be advertised externally. It will be advertised internally.” The Commission didn’t accept this evidence, noting the worker only gave this testimony during cross-examination despite its importance to his case.
The Commission found that even on the worker’s version of events, “it is clear that he was told prior to signing the contract that he would only have a twelve-month contract and that after that time he would have to apply for ‘the permanent role’ and go through a selection process that may involve other candidates.” The worker applied for the new permanent role in July 2024 but was unsuccessful.
Employment contract expiration versus dismissal
The central question was whether the worker had been dismissed when his contract ended or whether his employment simply expired according to its agreed terms.
The Commission explained the established principle that “an employer does not ‘dismiss’ an employee when his or her term of employment expires” and that employment “comes to an end by agreement, or, where the term is fixed by award or statute, by operation of law, and the effluxion of time.”
