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QLD Employment Law - Australian Employer Refuses to Pay Offshore Freelancer?

Discussion in 'Employment Law Forum' started by Catherine Caballero, 11 February 2016.

  1. Catherine Caballero

    11 February 2016
    Likes Received:
    I am a freelancer based in the Philippines and my x employer (Australian) has an ecommerce business in Australia. I worked as Customer Support. My Australian boss gave me an immediate termination on Jan 29, 2015 without letting me explain why I failed to log in online during that day.

    To avoid further conflict, I accepted my termination and reminded her about my final pay. She replied and stated that she will give me my final pay on Jan 11, 2016. Until now I haven't received any payment. She told me when I messaged her on Skype around 3rd or 4th week of Jan, that paying me is not her priority. I asked her why that is so when my other Filipino coworkers were already paid.

    She keeps on delaying my final pay up to this day. She is not replying to my messages and not giving me a definite day on when she would settle everything.

    With regard to fair work law and provisions, are offshore freelancers/contractor covered by these rights? I rendered my services virtually to an Australian employer and I would like to know if offshore freelancers are also covered when it comes to claiming final pay under Employment Law.

  2. Sophea

    Sophea Guest

    HI Catherine,

    Unless you contracted with your ex-employer in Australia and they paid and arranged for your transfer to the Philippines, etc., including your return, I don't believe you are covered by Australian Fair Work Laws. They generally apply specifically to workers physically located in Australia.

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