We’ve copped a fair bit of flak: mocked, dismissed, even ridiculed for saying it loud and clear: you must hire your Filipino remote workers in a compliant way.
Well, guess what? The Fair Work Commission has just backed us up in a big way.
In a groundbreaking case, Pascua v Doessel Group Pty Ltd, the Commission ruled that a Filipino paralegal working remotely for an Australian company was, in fact, an employee not a contractor as claimed. That’s right: sham contracting is now officially on notice, even when it crosses borders.
This means if you’re treating your offshore team like full-time employees setting their hours, integrating them into your systems, managing their day-to-day but calling them “contractors” to dodge legal obligations, you could now be held accountable under Australian law.
Joanna Pascua, the woman at the centre of this case, worked from the Philippines but was deeply embedded in the operations of a Brisbane-based law firm. She was paid a flat hourly rate, used the firm’s internal systems, and was presented as part of the legal team. When she was abruptly terminated, she took her case to the Fair Work Commission and won.
The ruling confirms that Australian employment protections can apply even when the worker is overseas, if the working relationship resembles that of an employee.
This is a wake-up call for Aussie businesses relying on offshore talent. If you’re hiring virtual assistants (VAs), or any offshore Filipino professionals, it’s time to review your hiring practices. Because now, non-compliance isn’t just unethical – it’s illegal.
Finally, justice for offshore workers. And finally, proof that doing the right thing isn’t just good ethics, it’s the law.
