Boylan v The Roman Catholic Trust Corporation in the Diocese of Cairns

The applicant, Boylan, brought proceedings against The Roman Catholic Trust Corporation in the Diocese of Cairns, alleging that their dismissal from employment was in contravention of a general protection provision under the *Fair Work Act 2009* (Cth). The applicant's employment was governed by a fixed-term contract, which expired at the end of its term and was not renewed by the respondent. The matter was heard in the Federal Court of Australia.

The central legal issue before the Court was whether the applicant's employment had been terminated by the respondent in a manner that constituted a contravention of the general protections provisions of the *Fair Work Act 2009* (Cth). Specifically, the Court was required to determine if the expiry of a fixed-term contract, without renewal, amounted to a "dismissal" for the purposes of the Act, and if so, whether such dismissal was effected by, or by reason of, an act of the employer.

Judge Jarrett reasoned that a dismissal, within the meaning of the *Fair Work Act 2009* (Cth), requires an act by the employer that brings the employment to an end. The Court held that the expiry of a fixed-term contract by effluxion of time, without any further action by the employer to terminate the employment, does not constitute a dismissal. The Court found that the applicant's fixed-term contract simply came to an end by its own terms, and this expiry was not an act of dismissal by the respondent, nor was it by reason of an act of the respondent. Consequently, the Court concluded that there was no adverse action taken against the applicant that would engage the general protections provisions.

The application was dismissed.