Overseas workers and unfair dismissal

Last year there was a favourable decision for the employee, about whether an employee, working remotely in the Philippines for a firm in Queensland was unfairly dismissed and therefore could receive compensation under the Fair Work Act 2009 in the case Pascua v. Doessel Group Pty Ltd 2025] FWC 1833.

The decision was based on the employer having control over the performance of work, and highlighting the issue of employee vs contractor and getting it right!  Regardless of what the contract stated the reality of the relationship in practice was seen to be an employee.   There was the degree on control exercised by the employer and phone numbers and email signatures suggesting she work for the law firm for example.   It was also found she was remunerated well below the minimum award rate working under Australian law and given contractors are generally paid higher rates, this was yet another indication of an employment relationship.

The employee was awarded $10,800 for an unfair dismissal claim.