Klein v Australian Baseball League Pty Lts & Ors  FCCA 1722
This case clarifies the meaning of dismissal in Australia’s employment legislation and confirms that a person is not “dismissed” simply because an employer decides not to renew an employee’s contract. The former General Manager of the Australian Baseball League made certain inquiries about his workplace rights, including about the late payment and non-payment of his car allowance, business expenses, commission payments and other entitlements. Subsequently, the Australian Baseball League opted not to renew the General Manager’s fixed term contract when it came to an end. The General Manager argued that the League contravened section 340 of the Fair Work Act 2009 (Cth) by dismissing him because he exercised a “workplace right”.
Judge Salvatore Vasta held that there was no dismissal and therefore no adverse action had been taken against the General Manager. His Honour concluded at  that “his employment came to an end because the contract of employment itself came to an end”. Although there was a provision in his employment contract which said that the League “may” extend or renew the contract, the failure to favourably exercise that discretion did not involve a “dismissal”. His Honour confirmed that there is no dismissal where there is mere failure to renew a contract.