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Sunday, August 9, 2026 Vol. 21 No. 299
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DEPARTMENT OF SCIENCE AND TECHNOLOGY
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AUSTRALIA RULING COULD IMPACT PHL GIG WORKERS
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By Malou Talosig-Bartolome
VERY weekday for nearly two years, Joanna Pascua worked from her home in the Philippines at “times that matched business hours in Australia.” She logged into a company “pbx phone unit which made it appear when she used her phone that she was in Australia,” and signed her emails with a signature block that “identified her as a paralegal for MyCRA Lawyers.” She also chased the same daily Key Performance Indicators (KPIs) any employee would: to “Complete a minimum of 20 productive tasks per day... OR 4 hours per day billable.”
On paper, though, Pascua wasn’t an employee at all. The contract she signed in July 2022 was headed “Independent Contractor’s Agreement,” and the company noted that the agreement used the term “independent contractor” 52 times against just five mentions of the word “employee”. To her employer, MyCRA Lawyers—which is owned by the Doessel Group Pty Ltd—she was an independent contractor providing services. That distinction mattered enormously in March 2024, when Doessel Group’s founder summarily terminated her over a Skype call and a follow-up email, asserting that she had breached her contract by “unlawfully copying company information and client informa-
tion to her personal drive”. Pascua denied the allegation and filed an application for an unfair dismissal remedy with the Fair Work Commission (FWC). Doessel Group fought to have the case thrown out, raising a “jurisdictional objection on the basis that Pascua was an independent contractor under a contract for services and not an employee”. The FWC disagreed. Deputy President Tony Slevin, guided by recent High Court precedents, found that the contract’s label was not determinative; instead, the assessment must evaluate “the legal rights and obligations established by the contract”. He ruled that “the nature of the work required under the
Joanna Pascua never left her home in the Philippines. But when an Australian law firm cut her off with a Skype call, she took them to court—and won a ruling now rippling through Australia’s wage laws. MORE THAN 44,000 FILIPINOS WORK REMOTELY FOR AUSTRALIAN ORGANIZATIONS An estimated 300+ Australian organizations directly employ or contract approximately 44,000 Filipino professionals who work remotely from the Philippines, spanning a wide range of knowledge-based and business support roles. Function
Typical Roles
Legal & Paralegal
Legal assistants, paralegals, contract reviewers, legal researchers, eDiscovery support
Finance & Accounting
Bookkeepers, payroll specialists, accounts officers, tax preparers, financial analysts
Customer Support
Customer service advisors, technical support specialists, live chat agents, email support
IT & Software
Software developers, QA engineers, data analysts, cybersecurity monitors, help desk staff
Administrative
Executive assistants, virtual receptionists, data entry clerks, CRM administrators
Marketing & Creative
Content writers, SEO specialists, graphic designers, social media managers, digital marketers
Healthcare Support
Medical billers, claims processors, telehealth coordinators, medical transcriptionists
Specialized Technical
Geospatial specialists, GIS analysts, BIM modellers, drafters, engineering support
“This is sort of a loophole in our laws because it’s very difficult now to protect our workers from direct hiring.”— NLRC Commissioner Herman Nicdao, warning that Philippine labor laws provide limited protection for Filipinos directly hired by foreign employers without a local presence.
contract was subordinate to the business of MyCRA Lawyers such that it can be seen to have been performed as an employee of that business rather than as part of an independent enterprise”. Her pay was a major indicator of this dynamic. She was paid “AUD$18 (Php 680) per hour Salary all inclusive as a Full Time Employee,” which Slevin noted was “less than the
minimum rates payable under the relevant award”. The casual rate for her level of work was $30.95 (Php 1,170) per hour. As the commission noted, “Remuneration for persons engaged in their own business, as contractors, is usually in excess, and often well in excess, of wages paid to employees who may perform the same work”. Doessel Group appealed, arguing she was a Philippine national who had never worked in Australia. In February 2025, the FWC Full Bench dismissed the appeal, declaring that “the fact that Pascua in fact performed work in the Philippines is irrelevant to the character of the relationship created by the Independent Contractor’s Agreement”. Regarding jurisdiction, the Full Bench explored whether Pascua was “engaged outside Australia” under the law. The tribunal pointed out that “a contract is formed upon receipt Continued on A2
KEEPING BUTUAN’S HISTORIC TRADITION ALIVE THROUGH THE ABAYAN FESTIVAL Text & Photos by Erwin Mascariñas
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HE Agusan River, once the lifeline of ancient traders, settlers, and seafarers, recently came alive once again as Butuan City celebrated the annual Abayan Festival, a centuries-old fluvial tradition that honors Sta. Ana while showcasing the city’s rich cultural heritage.
Held on the last Sunday of July as part of Butuan City’s August 2 Charter Day celebration, the festival transforms the country’s thirdlongest river into a vibrant procession of decorated boats, prayers, chants, and cultural performances. More than a religious observance, the celebration reconnects Butuanons with the river that has sustained their communities for generations.
Stretching from the freshwater basins and marshlands of Agusan del Sur to Butuan Bay, the Agusan River has long served as the region’s lifeline, supporting transportation, trade, fishing, agriculture, and settlement long before modern highways linked the provinces of Caraga. According to local historians, the Abayan Festival traces its origins to the 1600s. Derived from
THE iconic Macapagal Bridge stands in the background as boats participating in the Abayan Festival river procession cruise along the Agusan River in Butuan City.
the word abay, meaning “to guide,” the tradition began as a communal prayer seeking divine protection for people traveling along the river, particularly from the dangers posed by saltwater crocodiles that once inhabited the Agusan River. Historical accounts also point
to an old Spanish church bell discovered in Barangay San Vicente, inscribed with the year 1796 and the name of Sta. Ana. The annual celebration culminates in a fluvial procession in honor of the river’s patron saint, reflecting a tradition that has endured for centuries.
This year’s celebration drew wider community participation, with 19 of the city’s 24 riverside barangays taking part through colorful decorations, cultural performances, and prayer offerings along the banks of the Agusan River. Hundreds of residents gathered along the riverbanks, chanting “Viva Señora Sta. Ana!” as a flotilla of about 15 to 20 boats navigated Continued on A2
PESO EXCHANGE RATES n US 60.7020 n JAPAN 0.3831 n UK 81.6806 n HK 7.7388 n CHINA 8.9906 n SINGAPORE 47.3015 n AUSTRALIA 42.6614 n EU 69.9469 n KOREA 0.0427 n SAUDI ARABIA 16.1686 Source: BSP (August 7, 2026)