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A Queensland law firm has been unable to prevent a legal assistant based in the Philippines from pursuing an unfair dismissal application.
Editor’s note: This story first appeared on HR Leader’s sister brand, Lawyers Weekly.
Legal assistant Joanna Pascua has taken Doessel Group to the Fair Work Commission for her alleged unfair dismissal from MyCRA Lawyers in March 2024 over a breach of contract.
CEO Graham Doessel asserted Pascua, who works from the Philippines, had unlawfully copied company information to her personal drive.
However, Pascua told the Fair Work Commission that Doessel Group installed software on her computer without her knowledge, which allowed someone to access and control it remotely.
She added that if any copying occurred, “it must have been done by someone else using the remote access software”.
Pascua also told the commission the last seven months with MyCRA Lawyers was “difficult” and described Doessel as being “overly critical of her work, overworking her, setting unreasonable expectations and refusing to approve overtime”.
Doessel Group argued Pascua could not have been unfairly terminated because she was not an employee and had instead been engaged by the company as an independent contractor.
However, deputy president Tony Slevin found it was an “employee arrangement, not one of principal and independent contractor”.
In addition to the full-time salary she received, Pascua’s arrangement was ongoing unless terminated. She was also not conducting her own business and took daily instructions from the firm.
“The description of the arrangement as that of an independent contractor belied the actual nature of the contract.
“The contract, in a number of places, referred to the arrangement as an employment,” Slevin said.
Doessel Group’s objection was dismissed, and Pascua’s unfair dismissal application was permitted to progress.
The case is Ms Joanna Pascua v MyCRA Lawyers - [2024] FWC 2669.
