Knipe v Mayumarri Pty Limited [2006] NSWIRComm 1058

Industrial Relations Commission of New South Wales

CITATION: Knipe v Mayumarri Pty Limited [2006] NSWIRComm 1058

APPLICANT Maria Therese Knipe PARTIES: RESPONDENT Mayumarri Pty Limited

FILE NUMBER(S): 3762 of 2005

CORAM: Stanton C

CATCHWORDS: Termination of employment - Claim of unfair dismissal - Applicant's employment subject to funding - Termination at initiative of employer or contract for a specified period of time - Jurisdiction - Found - Contract for a specified period of time and brought to an end by effluxion of time - Application dismissed

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 2/12/2005

DATE OF JUDGMENT: 04/06/2006

APPLICANT Applicant appeared in person LEGAL REPRESENTATIVES: RESPONDENT Ms L Mullinar with Mr R Phillips Mayumarri Pty Limited

DECISION:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Stanton C

6 April 2006

Matter No IRC 3762 of 2005

Maria Therese Knipe and Mayumarri Pty Limited

Application by Maria Therese Knipe re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996. DECISION [2006] NSWIRComm 1058

1 This is an application by Maria Therese Knipe (the applicant) against Mayumarri Pty Limited (the respondent) regarding unfair dismissal pursuant to s 84 of the Industrial Relations Act 1996 (the Act). The respondent is a not for profit healing centre providing support programs to survivors of childhood trauma and abuse. 2 The applicant commenced employment with the respondent on a part- time basis on 1 July 2004 and was subsequently employed on full-time basis from 1 December 2004. The applicant claims the respondent informed her on 19 June 2005 that her contract would cease on 30 June 2005. The applicant also claims the respondent had told her that she would revert to casual or part-time employment after 30 June 2005. She contends her dismissal was harsh, unreasonable and or unjust. 3 The respondent contends the applicant was employed for a specified period of time or fixed term reflecting the nature of certain program funding and the employment relationship came to an end on 30 June 2005 by the expiry of its own fixed term. 4 The respondent contends the applicant's employment came to an end on 30 June 2005 by the expiry of its own fixed term. The applicant's ongoing relationship as a casual or part-time employee with the respondent beyond 30 June 2005 was subject to the receipt of additional government funding.