Employer's people director said the employer is incorporated in Saudi Arabia and does not engage in trading or financial operations in Australia
A sales manager working in Saudi Arabia for a company incorporated in Saudi Arabia challenged his dismissal, arguing the employer was a national system employer due to its relationship with an Australian parent company.
The employer maintained it was not a national system employer as the employment relationship lacked sufficient connection with Australia, and the worker's earnings exceeded the high income threshold.
The worker contended his role involved Australian clients and Australian-based personnel, making the employment relationship sufficiently connected to Australia. The employer argued the worker was a Pakistani national who never worked in Australia, performed all duties in Saudi Arabia, and was governed by Saudi Arabian law.
The worker was a Pakistani national who commenced employment with the employer in early 2023 as a sales manager pursuant to a work visa. He was responsible for managing bids, proposals and engaging with internal and external stakeholders. This was a non-executive position, and the worker reported to senior management.
The worker was paid in Saudi riyal currency. His total monthly salary was SAR 40,000, which was inclusive of allowances for housing, transportation and living expenses. He stated he had no written guarantee of annual earnings.
The worker confirmed...
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