| Summary |
BREACH OF CONRACT – First applicant employed in permanent full-time position – Respondent consulted applicants on restructuring – Respondent disestablished position and offered first applicant fixed term position – Letter of appointment stated previous contractual terms and conditions to continue, and redundancy compensation payable at expiry of fixed term – Respondent decided not to continue position when fixed term position expired, but rather establish new permanent position – Roles different, with new role requiring higher technical skill - First applicant not appointed to new position – Fixed term position expired – Second applicant claimed given no notice of impending redundancy when restructuring disestablished position, in breach of Collective Employment Agreement (“CEA”) – Second applicant claimed first applicant was permanent employee in fixed term role - Authority found first applicant aware that position was fixed term, and signed letter accepting terms and conditions – Found letter set out that if first applicant unable to obtain alternative employment with respondent at expiry of fixed term, would receive redundancy compensation – Noted first applicant’s status under CEA changed from permanent employee to fixed term employee – Found foreseeable to applicants that the role would have limited duration – In circumstances, no need to notify second applicant of expiry of fixed term agreement – Found argument that first applicant permanent employee in fixed term role legally, conceptually, and factually wrong – Found no entitlement to have fixed term service included in calculation of redundancy compensation under CEA’s terms, but that respondent fulfilled additional undertaking to do so regardless – Found fixed term position agreement constituted agreement that redundancy compensation payment deferred until expiry of fixed term – Found respondent did not breach CEA as position was always fixed term, not disestablished - First applicant could have no expectations of ongoing employment unless redeployed or successfully applied for new position - Reorganisation provisions of CEA not applicable – No breach of CEA – UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE – Found employment status changed from permanent employee to fixed term employee in accepting appointment to fixed term position – Termination of employment came about by expiration of fixed term and no other reason – No personal grievances – Field Support Officer |