The Federal Court of Australia has dismissed a case brought against Infosys Technologies Australia by an Indian employee claiming he was owed unpaid super.
The former senior project manager took Infosys to court alleging he was entitled to certain Australian employment rights, including super contributions not made by the company for the period the project manager worked in Australia.
The project manager was based in Bangalore, India, where he was hired by Infosys India in 2010. In June 2015 he was asked to work from the Australian office on a short-term contract for about 21 months.
The project manager argued he was entitled to superannuation contributions under his agreement with the company. Infosys actually did make super contributions for his first nine months of work in Australia.
The employee also claimed that Infosys did not pay or make contributions in accordance with the Indian employment act. He alleged that, rather than make contributions equal to 12 percent of his basic wage, Infosys deducted the 12 percent from the applicant’s basic wage.
Infosys argued that the staffer did not have employment rights under Australian superannuation legislation.
The court determined that the employee was contracted by the first party – Infosys' India-based arm – and that he was, therefore, covered by Indian employment laws.
Judge Jones ruled on 1 May that the employee was not entitled to a benefit under the super act, and that he did not have local employment rights.
Both parties were contacted for comment.
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