Was Ending Your Fixed-Term Contract Fair?
Your contract ended, or ended early, and you are wondering whether that was fair.
A fixed-term contract is meant to end on its own date, but that is not always the full story. This page looks at when a fixed-term ending can still count as a dismissal worth questioning.
Does a fixed-term contract just end, or can it be a dismissal?
A contract that runs to its agreed end date is usually not treated as a dismissal on its own. Ending it early, before that date, without a real reason, is a different matter.
An early ending is treated much like any other unfair dismissal, with the same written claim and the same 60-day window.1
When does a fixed-term role count as permanent in substance?
Some fixed-term contracts are renewed again and again for the same work, sometimes for years. When that happens, the label on the paperwork can matter less than what actually happened.
A pattern of repeated renewal, for the same role and the same duties, can point to a position that was permanent in substance. Non-renewal after that kind of pattern is worth questioning, and if your work also looked like gig or contractor work, that status is worth checking too.
Who has to prove the ending was fair?
If your ending is treated as a dismissal, the same rules apply as elsewhere. Your employer carries the burden of proving a genuine reason, not you.2
That reason has to be real, and it has to match what actually happened, not something written in afterward to explain a decision already made.
What can the outcome look like?
If a claim succeeds, the remedy structure is the same as any dismissal claim: your job back, or compensation instead. Back wages, the salary you lost while out of work, are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer.3
No one can put a figure on your case before looking at your contract, your renewal history and the reason you were given. A short conversation early on is usually enough to tell you whether the pattern looks worth pursuing.
What to do this week
Gather every version of your contract, each renewal letter, and your payslips. The pattern of dates matters as much as the paperwork itself, especially if the same duties carried on past the contract’s stated purpose.
Then check your deadline. Work out your exact 60-day window, and once you are ready, read how a Section 20 representation, the written claim you lodge to say your dismissal was unfair, is filed.
If your contract had been renewed more than once before it ended, that pattern is worth setting out clearly for us. Tell us how many renewals there were and your last working day, and we can help you see where you stand.
Common questions
Does my fixed-term contract ending on its date count as a dismissal?
Not on its own. A contract that runs to its agreed end date is usually not treated as a dismissal by itself. It becomes a different question if the ending came early, or the contract had been renewed many times for the same work.
How many renewals does it take before a role counts as permanent?
There is no fixed number. What matters is whether each renewal reflected a genuine fixed-term need, or whether the same role and duties simply continued under new paperwork. A long, repeated pattern is worth raising with a lawyer.
Can I still claim if I signed a new fixed-term contract every time?
Yes. Signing each new contract does not by itself remove your rights. The Industrial Court looks at the substance of the role, not only the label written on the document.
Does the 60-day deadline apply the same way to a fixed-term ending?
Yes, if the ending is treated as a dismissal. The 60-day window still runs from your last working day, and waiting to see if you will be rehired can cost you that window.
Am I covered if I earn a high monthly salary on a fixed-term contract?
Yes. Unfair dismissal protection is not limited by how much you earn. It applies to workers covered by the Industrial Relations Act, whatever your fixed-term salary was.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations, asking to be reinstated, within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- The burden of proving just cause and excuse for a dismissal rests with the employer, not the employee, once the claim reaches the Industrial Court. Mah Weng Kwai & Associates, Unfair Dismissal
- Back wages awarded by the Industrial Court are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer (Second Schedule, Industrial Relations Act 1967). Donovan & Ho, Back Wages at the Industrial Court
Keep reading
If your contract had been renewed more than once before it ended, that pattern is worth setting out clearly for us. Tell us how many renewals there were and your last working day, and we can help you see where you stand.