14/10/2026
Can someone who has never set foot in Australia bring an unfair dismissal claim here?
The Fair Work Commission has cleared a Philippines-based accountant to pursue an unfair dismissal claim against online bike retailer BikesOnline Australia, even though she has never held an Australian visa or visited the country.
Despite her signed contractor agreements, she worked as an employee in practice, and her 2025 agreement was also made in Australia. It was offered from Sydney, accepted there and governed by NSW law.
The takeaway for employers:
Calling someone a contractor won’t protect you if the day-to-day work looks like employment. If you use offshore talent, review how much control you have over hours and tasks, whether you pay for time or deliverables, your leave and performance processes, and the governing law in your agreements.
