Legitimate expectationFixed term contractNon-renewalUnfair dismissal
Tags
Unfair dismissalFixed term contractLegitimate expectation
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the non-renewal of appellant's fixed term contract constituted unfair dismissal based on legitimate expectation of renewal","issue_type":"mixed","dispositive":"yes","related_facts":"Continuous renewal of contracts over two years; notification of non-renewal on 15 December 2011; contract expiration on 31 December 2011"}
{"issue_text":"Whether respondent committed unfair labour practice by placing appellant on fixed term contracts when permanent employment was available","issue_type":"law","dispositive":"no","related_facts":"Appellant was Loss Controller; continuous fixed term contracts over two years"}
{"issue_text":"Whether termination was due to appellant's earlier complaint to NEC about unfair labour practices","issue_type":"fact","dispositive":"no","related_facts":"Appellant alleged termination was prompted by earlier complaint"}
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background
Facts of the Case
Background
Appellant was employed by respondent on successive three-month fixed term contracts as a Loss Controller over a two-year period. Respondent notified appellant on 15 December 2011 that his contract expiring on 31 December 2011 would not be renewed. Appellant claimed unfair dismissal based on legitimate expectation of renewal and alleged unfair labour practices.
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