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The Fair Work Commission has rejected that an employee's fourth consecutive fixed-term contract was excluded from the Fair Work Act's limitations, finding he was dismissed.
The employee didn't perform a "distinct and identifiable task involving specialised skills", as contended by his employer, Commissioner Trevor Clarke said in clearing him to pursue his general protections claim.
The employee began working for marketing agency, The Hero Corporation, in April last year, subject to a fixed-term contract due to expire just a few weeks later, on 9 May. This contract was extended on three occasions, with end dates of 31 July, 31 October and 30 November.
In mid-November, the employer told the employee his contract wouldn't be extended.
He subsequently lodged his general protections claim, but the employer objected on the basis he hadn't been dismissed...
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