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Summer 2003

Forrest case sets precedent for fixed term employees

The case of Dr. Quentin Forrest, a senior medico from the LGH, who did not have his contract renewed by the hospital, has attracted a lot of debate in the media recently.

Whilst there were are a number of issues involved in this case, the judgement by Commissioner Abey of the Tasmanian Industrial Commission raised some fundamental issues for HACSU members and established important precedent regarding fixed term or contract employees.

The reasoning behind the judgement clearly establishes that despite a signed fixed term contract saying an employee may be terminated with a notice period, the context of a fixed term employee's work history, that is a series of fixed term contracts, can in fact provide a "reasonable expectation of ongoing employment".

Further, that if there is a "reasonable expectation of ongoing employment", then the ending of employment at the end of a contract may constitute a termination, which requires various processes and procedures to be followed.

Included in these procedures are the questions of whether procedural fairness has been allowed and whether there is in fact a valid reason for the termination.

In short, the judgement in this case greatly adds to the strength of HACSU's argument that fixed term contract employees who have had their contract routinely rolled over cannot simply be terminated without the above.

The judgement also narrows the scope for the use of fixed terms contracts, increasing the pressure on employers to employ workers permanently, rather than hedging their bets with fixed term contracts.

In the Quentin Forrest case Commissioner Abey said in part that because "..no proceedings have been instituted (by the hospital administration) alleging a breach of the Code of Conduct" by Quentin Forrest and that "...no attempt has been made to utilise this procedure (The Grievance and Dispute Settlement Procedure) to resolve outstanding issues with Dr Forrest" that his contract be extended and that processes be established to address all the issues that may exist between Dr Forrest and the hospital administration.