Filipino Paralegal Wins Landmark Case — A Wake-Up Call for Aussie Businesses Using Offshore Workers

Published: July 2025

By Bane Legal Services – Australia’s Trusted Legal Matchmaker for Commercial Clients

Source: This article is based on reporting by Josh Robertson for ABC News. You can read the original story here.

When Joanna Pascua, a Manila-based paralegal working for a Brisbane credit repair business, filed an unfair dismissal claim with the Fair Work Commission, few expected her to succeed.

After all, she lived in the Philippines. She was labelled a “contractor.” And she was thousands of kilometres outside Australian borders.

But the Commission ruled otherwise — and that ruling could change the game for thousands of Australian businesses relying on offshore labour.

What happened?

Pascua worked from home for the Brisbane-based Doessel Group, logging on each day from 8:30am to 5:00pm AEST, performing legal admin work for clients of their related business, My CRA Lawyers. She was paid $18 AUD per hour — well below Australia’s minimum wage of $24.87.

After being accused of misconduct and terminated, she filed for unfair dismissal with the Fair Work Commission. While initially told that she couldn’t apply as a non-resident, Pascua persisted.

And she won.

A critical decision for Australian employers

In a precedent-setting decision, the Fair Work Commission held that Pascua was not an independent contractor — but in fact an employee of an Australian business. As such, she was entitled to all the usual protections under Australian employment law, including:

• Minimum wage compliance

• Unfair dismissal protections

• Anti-discrimination laws

• Fair Work Act rights

The Commission found that Doessel Group’s classification of Pascua as an “independent contractor” did not reflect the reality of the working relationship.

Why this matters for your business

If your Australian business hires offshore “contractors” — whether in the Philippines, India, or elsewhere — this case should serve as a serious wake-up call.

According to Pascua’s legal submissions, there may be tens of thousands of offshore workers in similar arrangements: doing regular, supervised, full-time work for Australian businesses but lacking the wages and protections of a local employee.

This legal “grey zone” has long existed — especially among small-to-medium businesses who outsource overseas without establishing formal entities in those countries.

But the Commission’s ruling has now:

• Put businesses on notice

• Opened the door to unfair dismissal claims from offshore workers

• Raised the risk of wage theft, class actions, and underpayment penalties

As Brisbane lawyer Alex Moriarty told the ABC, businesses who try to “sidestep” Australian workplace protections by hiring offshore should understand they may still be held accountable under Australian law.

What’s next?

The ruling has cleared the way for Ms. Pascua to continue her unfair dismissal claim and seek unpaid entitlements through the Fair Work Ombudsman. It also leaves many employers wondering: Could this happen to us?

The founder of Doessel Group, Graham Doessel, has warned that the decision could have wide-reaching effects on small businesses that rely on offshore help — from finance firms to law offices.

But as the legal dust settles, one thing is clear: Offshoring without the right legal structure or advice can now come with significant legal risk.

Legal matchmaking for a complex world

At Bane Legal Services, we’re not a law firm and we don’t provide legal advice — but we’ve been in business for over 30 years, and we know how critical it is to get the right legal team on your side.

If your business uses offshore workers — or is considering it — now is the time to speak to a commercial or employment lawyer who understands the risks, the contracts, and your obligations under Australian law.

We’ll help you find the right lawyer for your situation — quickly, confidentially, and without the confusion.

Bane Legal Services is not a law firm and does not provide legal advice. We connect Australian business owners with experienced commercial, employment, and franchise lawyers based on your specific needs.