You Weren’t Just There For “One Job:” Winning Against the “Specified Task” Excuse

Employers will sometimes try to sidestep unfair dismissal laws by claiming your employment was limited to a “specified task” — and once that task ended, so did your job. No dismissal. No remedy. No protection. That’s the argument they run. But it doesn’t always hold up. In fact, the Fair Work Commission has made it clear that this tactic only works in rare and very specific circumstances.

So if you were told your job was “task-based” after the fact, don’t assume that’s the end of your rights. The real question is: Was your job genuinely tied to a single, clearly defined project? If not, you may very well be able to challenge it.

Let’s look at two cases that expose this issue — and show how employees fought back and won.

Pasalic v Technometal Pty Ltd [2012]

Mr Pasalic worked as a designer/drafter across several projects for more than six years. The employer argued he was on a task-specific arrangement, but there was no written contract identifying a single, bounded task — and certainly not one that limited his role exclusively to a one-off project.

The Commission disagreed with the employer’s attempt to categorise this as a “specified task” contract. The reality of the work arrangement mattered more than vague labels. Mr Pasalic wasn’t tied to a single project. His ongoing involvement across multiple jobs indicated a continuing employment relationship.

That meant he was an employee — and was protected by unfair dismissal laws.

Hudson v Coonawarra Jack Winery Pty Ltd [2012]

In this case, Mr Hudson’s contract did list specific duties. But again, that didn’t make it a “specified task” contract. A contract that merely outlines an employee’s job duties isn’t the same thing as a contract for a “task” that, once done, ends the job entirely.

The Commission held that this was not a valid attempt to limit employment under the Fair Work Act. Mr Hudson was, in substance, a regular employee — and entitled to the full protections that come with that.

The Takeaway for Employees

If your employer has claimed your role was tied to a “specified task” just to dodge your unfair dismissal rights, take a step back and look at the reality:

• Did your job extend beyond a single, clearly defined project?

• Were you involved in general duties or multiple tasks?

• Were you treated as part of the regular workforce?

• Did the employer fail to provide a written contract supporting their claim?

If so, there’s a strong chance the “specified task” excuse won’t hold. You can challenge their jurisdictional objection and pursue your unfair dismissal claim.

You’re not powerless — and just because an employer slaps a label on your job doesn’t mean the Fair Work Commission will agree.