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Can you be dismissed at the end of a fixed-term contract?

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No one is exempt to the rules of fixed term and standard contracts. There are not sufficient grounds for an unfair dismissal just because an employee does not like their terms and clauses.

NRL ref loses unfair dismissal claim due to fixed-term contract

A former National Rugby League (NRL) referee has had his efforts to pursue unfair dismissal compensation. However, was quashed by the Federal Court. The referee had been on a fixed-term contract that the NRL decided not to renew. However, he argued that he had been dismissed.

The referee claimed that he had been unfairly targeted by the NRL for several errors made during games. Which he argued were not his fault. He argued to the Court that he had been the victim of adverse action, including discrimination and victimisation. Essentially, the referee felt he had been dismissed for making a complaint about his treatment at work.

The Court had to decide if the end of his fixed-term contract meant that he had simply ended his employment with the NRL. Or, because the NRL decided to not renew his contract, if that amounted to a dismissal.

In this article, we look at the events of this case – Alouani-Roby v National Rugby League Ltd [2024]. Detailing the victimisation and bullying the referee alleged he suffered at the hands of the NRL. We also explore why the Court decided to rule against him, ending over three years of legal proceedings.

Federal Court blows whistle on NRL ref’s unfair dismissal claim

English-born Tim Alouani-Roby started working as a referee for the NRL in 2015. He had previously been a referee in the English Super League, officiating over 75 games including the 2014 grand final. Mr Alouani-Roby started as a touch judge for his first year in the NRL. In 2016, he was made an assistant referee before moving into a referee role, officiating 21 NRL games.

He was employed under a series of one-year contracts, with his final contract ending on 30 November 2020. Under this final contract, Mr Alouani-Roby was making $132,000 per year. According to his LinkedIn profile, he is now in 2025 working as a writer and design editor for Sydney-based media company.

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Tim Alouani-Roby (LinkedIn) – Consult with a lawyer or professional if you are concerned about your contract or what your contract means for you.

‘Tim[‘s] being soft again’: Ref details alleged bullying

The dispute that led to Mr Alouani-Roby’s unfair dismissal claim came after his one-year fixed-term contract was not renewed for the 2021 NRL season. In his unfair dismissal claim he argued to the Fair Work Commission that he had been bullied and victimised by the NRL. It all started in late 2017. He had taken annual leave to holiday in Vietnam, where he contracted an illness. He returned to pre-season training in January 2018, still feeling the effects of the illness.

Mr Alouani-Roby alleged that he was “pressured to perform through his fatigue resulting from the illness” by the NRL’s General Manager of Elite Officiating. He described the general manager as having a “no-compromise management style.” He felt as though he was never allowed to recover from the illness because of this.

Mr Alouani-Roby was a member of a union for rugby league referees. Claiming that the general manager victimised him for his membership. Furthermore, that the general manager had told coaching staff “Tim[‘s] being soft again” and that he “needed to be pushed harder.” He had also criticised Mr Alouani-Roby’s English accent, saying it “isn’t helping either” with on-field communication.

‘Do you agree that you struggled with the physical demands?’

In September 2019, the general manager requested Mr Alouani-Roby meet him in his office for a chat. This came after he had been dropped from his assistant referee role due to making a single error in a game. Leaving him on touch judge duties.

The general manager allegedly said to him: “Do you agree that you struggled with the physical demands?”. He also told Mr Alouani-Roby that “Nothing has been decided yet, but I am going to ask you to provide me with an improvement plan.” Mr Alouani-Roby subsequently made a complaint to HR about this meeting, which he was promised would remain confidential.

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Some employers are just bullies. Adverse action towards employees is common.

Ref singled out for yo-yo fitness test

Following his chat with Mr Alouani-Roby, the general manager had a conversation with the NRL’s referee performance coordinator. He asked the coordinator if he could run a group of referees, including Mr Alouani-Roby, through a yo-yo test. This is a fitness test requiring someone to run between markers placed 20 meters apart at increasing speeds.

Upon pushback from the coordinator, the general manager revealed that “the real reason for the yo-yo test is to make Tim Roby aware of his level of fitness within the group. I want to make him feel uncomfortable to the extent that he will retire on his own.” The yo-yo test never eventuated, however.

Mr Alouani-Roby attended another informal meeting with the general manager, which unexpectedly included the head of the NRL’s people and culture. During this meeting, the general manager said to Mr Alouani-Roby: “If we are in the same position this time next year, then this could be your last contract.” Mr Alouani-Roby was then offered a one-year fixed-term contract, which he subsequently signed.

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It is not uncommon for employers to blame unrelated issues to try and justify an unfair dismissal. See through their facade and find their true intentions.

Worker blamed for error

In February 2020, Mr Alouani-Roby was officiating in various roles for a match of the Rugby League Nines Tournament. This game was decided on a decision that ultimately proved to be wrong on video replay. Mr Alouani-Roby claimed the error was made by a number of other match officials. However, he claimed that the general manager unfairly blamed him solely for the error.

He was subsequently asked to see him in his office. Where the general manager showed him statistics that demonstrated Mr Alouani-Roby’s “lack of urgency.” The general manager told him that his lack of pace was “a serious concern.” Afterwards, Mr Alouani-Roby made a complaint with the NRL’s HR department. He said that the general manager’s victimisation of him had worsened since he had learnt of his first complaint about him. That complaint was meant to be kept confidential by HR.

Told fixed-term contract would not be renewed

On 9 June 2020, Mr Alouani-Roby told the general manager of his plans to attend meetings with his bank and real estate agents regarding the purchase of a property. He said over the phone, “I will almost certainly be on time for training, but I am just giving you a heads up that I am signing a home loan contract and might be 10 minutes late as a result.”

Around 35 minutes after this call, the general manager messaged Mr Alouani-Roby to see if he was free to “jump on a web conference.” When he replied, “Sure, what’s it for?” the general manager responded, “I’ll fill you in once we jump online.”

During the web conference, the general manager informed Mr Alouani-Roby that his contract would not be renewed for the 2021 NRL season. He said that he had previously indicated in September 2019 that Mr Alouani-Roby’s 2020 contract was likely to be his last. He was one of two referees who did not receive a fixed-term contract renewal for 2021.

Goes on stress leave, told he’s resigned

On 28 July 2020, Mr Alouani-Roby submitted a medical certificate to the NRL’s head of people and culture. Telling her that he would be taking stress leave. This led to an online video call around a week later. The head of people and culture told Mr Alouani-Roby:

“I will send you documentation in relation to your resignation, and you can decide how you would like to inform the squad about your resignation.” Mr Alouani-Roby responded by saying that “I am not resigning but being forced to leave under duress. I have had no choice in my dismissal.”

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Not all contracts are made equal. Ensure that you read all clauses prior to signing. Employers with a toxic workplace culture “play games” be careful.

Worker wanted discussion about ‘toxic workplace’

On 11 August 2020, Mr Alouani-Roby sent an email to the people and culture lead with a medical certificate. Telling her that he was “unlikely to be able to return this season.” He also said “I will choose how and when I inform my colleagues”. And that “The NRL will confirm paid leave in writing to me now that you have the medical certificate.”

Mr Alouani-Roby also told the people and culture lead that “I really appreciate that you’ve enabled me to prioritise my health.” He finished by saying: “I’m hopeful that we can move forward towards a fuller resolution of the matter.”

In another email about two weeks later, Mr Alouani-Roby said that “the situation requires a resolution that goes beyond simply waiting for my contract to expire.” He then said that he and the NRL needed to have a discussion about the issues he was facing. This included bullying, victimisation, constructive, breaches of the NRL’s enterprise bargaining agreement, and a toxic workplace.

However, the NRL rebuffed these requests and decided not to renew Mr Alouani-Roby’s contract. His employment with the organisation ended on 30 November 2020. He was paid a severance package of $70,000. Around two weeks prior to his last day at the NRL, the general manager was stood down from his position.

Makes general protection claim, arguing he was dismissed

Mr Alouani-Roby’s subsequently made a general protections claim with the Fair Work Commission. He argued that he had been of a victim of adverse action involving a dismissal. Additionally, he claimed that the NRL had taken adverse action because he exercised workplace rights and that the organisation made false or misleading representations about workplace rights. He also claimed that he had been unfairly treated because of his union membership and had been discriminated against.

This general protections claim, however, was unsuccessful. Mr Alouani-Roby appealed the decision, but it was upheld by the Full Bench of the Fair Work Commission. It determined that he had not been dismissed. The Full Bench found that his final contract with the NRL amounted to a “genuine agreement” that his employment would not continue after 30 November 2020.

It noted that the NRL had told Mr Alouani-Roby that it was probably not going to offer him a new contract. The Full Bench deemed that the organisation let the fixed-term contract “expire as it was permitted to do, and acted passively, rather than taking any steps that could constitute termination of employment.” It therefore did not take active steps to dismiss him.

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Unsure if you were unfairly dismissed or have a right to claim compensation? Call us today for a free consultation.

Worker takes dismissal case to Federal Court

After his claim was rejected by the Fair Work Commission, Mr Alouani-Roby appealed the decision with the Federal Court of Australia. In January 2024, the court upheld the Fair Work Commission ruling. It acknowledged the commission’s acceptance that the NRL favoured the use of fix-term contracts so that it could acquire the most qualified match officials each season.

Mr Alouani-Roby had argued to the court that the Fair Work Commission Full Bench had made a jurisdictional error. He claimed that it had not performed a “requisite inquiry into the NRL’s conduct prior to the end of the contractual term.” However, the Federal Court found that the Full Bench had not erred.

The court also considered Mr Alouani-Roby argument that he was dismissed against the requirements of s386(2)(a) of the Fair Work Act 2009. The legislation states that an individual is not dismissed if they were employed under a fixed-term contract and “their employment was terminated at the end of that period.”

Appeals Federal Court decision

Mr Alouani-Roby appealed the Federal Court’s decision. His case was brought before the full Federal Court in December 2024. He argued that the previous judge had made an error in applying s386(2)(a). The section only applied to “outer limits” contracts – that is, contracts that permit early termination.

He also argued that the Fair Work Commission Full Bench had made an error by not finding that he was dismissed. He argued that it had not adequately considered the circumstances that existed when his employment with the NRL ended.

Federal Court finds he was not dismissed

The three judges that heard Mr Alouani-Roby’s appeal disagreed with his arguments. They instead agreed with the previous Federal Court judge. Who deemed Mr Alouani-Roby’s employment with the NRL to have ceased at the end of the specified period in his fixed-term contract.

The judges therefore found that the erroneous judgement of the Fair Work Commission Full Bench was “immaterial.” This is because the Full Bench “would have been obliged” to reject his application. Given that he had not been dismissed. In light of this finding, the judges also found that the question of whether Mr Alouani-Roby’s was an “outer limits” contract did not matter.

The three judges of the Federal Court also determined that it was not for them to say if the NRL had unfair reasons to not renew Mr Alouani-Roby’s contract. It said that its reasons were “irrelevant.” His appeal was therefore dismissed by the judges.

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It is better to try and fight for your employment and honour knowing that you did everything you could than not trying at all.

Have you been dismissed for making a complaint?


If you have made a complaint to your employer about pay, working conditions, bullying or for another reason, and have been dismissed or unfairly targeted as a result, call us today. Our team at A Whole New Approach can help you get compensation through the Fair Work Commission. (note we are not lawyers but the nation’s leading workplace advisors for employees). We are proud of our staff and the outcomes they get for clients.

The right to make a complaint about working conditions is legally protected. If your boss targets you for it, they can face severe repercussions. But it is up to you to hold them accountable by making a claim with the Fair Work Commission. Feel harassed or facing a biased investigation call us now.

Make sure to act fast, though, as you only have 21 days from the date of your dismissal to make a claim. Call us today on 1800 333 666 for a free and confidential conversation.

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