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ARTICLE · 08 AUGUST 2023

What happens when a fixed-term contract is terminated early?

Whether an employer is obligated to pay out an employee with a fixed term contract depends on the terms of that contract.

AustraliaEmployment and HR

Employees who work on projects, such as the Commonwealth Games, often do so on a fixed-term employment contract.

A fixed-term contract operates for a fixed period, for example, 12 months, at which point it ends or can be renewed by agreement. But what happens when a fixed-term employment contract is terminated before its expiration date?

Is the employer obligated to pay out the employee?

In short, it will depend on the contract.

If the employment contract contains a clause allowing the employer to prematurely terminate the agreement, the employer may only be required to pay the employee any income owed for work performed, notice of termination and any accrued leave entitlements. These are often referred to as "maximum term" contracts instead of "fixed term" contracts, given they are not truly fixed if one party has the right to terminate with notice.

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