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A Philippines-based contract worker has been cleared to pursue a general protections claim, with the Fair Work Commission finding she was an "Australian-based employee".

Deputy President Gerard Boyce found the "essence" of the working relationship was one of employment, not independent contracting, and that the Fair Work Act exception for employees "engaged outside Australia" didn't apply.

The worker claims that online retailer BikesOnline Australia breached her general protections under the FW Act by dismissing her in November last year.

But the employer raised a jurisdictional objection, arguing she couldn't have been dismissed because she was an independent contractor, not an employee...