Museums Board of Victoria v Maryann Martinek

The Museums Board of Victoria (the Board) appealed a decision of the Victorian Civil and Administrative Tribunal (VCAT) which had found in favour of Maryann Martinek. Ms Martinek had been employed by the Board as a senior curator and had been dismissed by the Board. Ms Martinek subsequently brought a claim against the Board alleging unfair dismissal.

The primary legal issue before the Supreme Court of Victoria was whether VCAT had erred in law by failing to consider the Board's submission that Ms Martinek's employment contract contained an express term that her employment would terminate upon the expiry of her fixed-term contract, and that this term was a valid basis for the termination of her employment. The Court also considered whether VCAT had erred in its assessment of the reasonableness of the Board's actions in terminating Ms Martinek's employment.

The Supreme Court held that VCAT had indeed erred in law by failing to consider the express term of the fixed-term contract. The Court reasoned that where an employment contract specifies a fixed term, and that term expires, the employment naturally terminates by effluxion of time, provided there is no express or implied term to the contrary. The Court found that VCAT had incorrectly treated the termination as a dismissal requiring justification under unfair dismissal provisions, rather than a natural termination of a fixed-term contract. The Court further noted that VCAT had not properly considered the evidence regarding the Board's reasons for not renewing the contract, which were related to budgetary constraints and a restructuring of the museum's curatorial departments.

The Supreme Court allowed the appeal, set aside the VCAT order, and remitted the matter to VCAT for redetermination in accordance with the Court's judgment.