New Zealand Worker Can Bring Australian Unfair Dismissal Claim
A New Zealand-based employee of an Australian company has been allowed to bring an unfair dismissal claim, even though he lived and worked in New Zealand.
The Fair Work Commission found the employee could bring the claim because his employment contract was formed in Australia, when the employer received his emailed acceptance in Victoria.
The Commission accepted there was a valid reason for dismissal, however, the dismissal was unfair because the employer failed to warn him that his performance could lead to dismissal, failed to give him a proper opportunity to respond, and did not comply with the Small Business Fair Dismissal Code.
The employee was awarded the equivalent of 2 weeks’ pay.
Take-Out Point: Australian employers with overseas workers should not assume that geography keeps them outside the unfair dismissal system. It matters where the contract is made, and how performance concerns are managed.
See: David Sanderson v Brightest Australia Pty. Ltd. [2026] FWC 1633 (6 May 2026)