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Performance and behaviour issues ruled out contract renewal

An employer has defended its decision not to renew a manager's employment contract, after it received negative feedback from his colleagues and discovered he'd failed to escalate serious cultural issues.

The Ballarat City Council executive manager was hired on a five-year fixed-term contract in January 2017.

In mid-2021 the employer notified him that it wasn't going to offer a new contract when his expired, due to perceived performance and behaviour issues, and said he was welcome to take time off to arrange alternative employment or apply for other vacant roles at the Council.

The manager's solicitor responded, arguing that the contract didn't contemplate termination of the employment relationship on expiry, and that while fixed-term contracts were ubiquitous with Council employees, employment relationships seldom ceased when they expired...

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