ZRp represented FMB at the Industrial Court and subsequently, at the High Court and the Court of Appeal. The Court of Appeal had upheld the decision of the High Court to allow FMB's judicial review application. In this case, the Appellant/ex-employee's fixed term contract had expired on 31.5.2012 and was not renewed by FMB. The Industrial Court held that the Appellant's contract was not a genuine fixed contract and awarded the Appellant compensation.

FMB filed an application for judicial review to quash the Industrial Court Award and for a declaration that the Appellant's contract of service was a fixed term contract and that the termination of the Appellant's service was in accordance with the expiry of the fixed term contract. ZRp represented FMB at the High Court and successfully argues as follows:-

  1. in holding that there was legitimate expectation that the Appellant’s contract will be renewed, the Industrial Court acted on an unpleaded issue that amounted to a serious jurisdictional error;
  2. the totality of the evidence does not support the Industrial Court’s conclusion that the Appellant was not employed under a genuine fixed term contract;
  3. the Industrial Court must look at all evidence, including the four corners of the contract to determine the contractual intention of parties; and
  4. Han Chiang High School’s case not only can be distinguished but also not suggest that courts should disregard the express terms of the contract, and did not set out an exhaustive list of cases where contracts can be held as genuine fixed term contract or otherwise. Being dissatisfied, the Appellant appealed against the decision of the High Court to the Court of Appeal.

The Court of Appeal had upheld the decision of the High Court.

Partner, Ms Jacinta Johnson handled this case.