Saeid Khayam v Navitas English Pty Ltd T/A Navitas English

The applicant, Saeid Khayam, has sought relief from an unfair dismissal by Navitas English Pty Ltd T/A Navitas English. Mr. Khayam’s employment was governed by a series of maximum-term contracts, which concluded upon the expiry of the stipulated terms. He applied to the Fair Work Commission for relief, asserting that his dismissal was unfair. The respondent, Navitas English, opposed the application, arguing that the termination of employment was not at its initiative, but rather a result of the natural expiration of the contracts.

The primary legal issue before the Court was whether the dismissal was initiated by the employer or if it was due to the natural conclusion of the fixed-term contracts. The Court had to determine if the termination constituted an unfair dismissal under the Fair Work Act 2009. Additionally, the Court examined the applicability of the term "dismissal" in the context of fixed-term contracts that naturally terminate upon the expiration of their terms.

The Fair Work Commission found that the termination of Mr. Khayam's employment was not an action taken by Navitas English, as the contracts had specific end dates. The contracts concluded with the passage of time, and there was no evidence that the contracts were extended or renewed. The Commission concluded that the dismissal was not at the employer's initiative, and thus, the dismissal did not constitute an unfair termination under the Act. The application for relief was dismissed.

No further orders were made by the Court, as the dismissal was not found to be unfair. The decision confirms that where employment under fixed-term contracts ends due to the effluxion of time, it does not constitute a dismissal for the purposes of the Fair Work Act.