Joanna’s Story: Controlled like an Employee, paid like a Contractor
If you’ve ever been hired under a so-called “contractor” agreement, working full-time hours, reporting to supervisors, and following company policies—you’re not alone. Many workers are placed into contractor roles but treated just like regular employees. And sometimes, that misclassification can cost you your workplace rights.
In a recent Fair Work Commission decision, a legal assistant who worked remotely from the Philippines was told she wasn’t entitled to make an unfair dismissal claim because she was “just a contractor.” The Commission disagreed—and allowed her case to proceed.
Joanna Pascua performed paralegal work for a Queensland-based law firm, MyCRA Lawyers. She worked regular Australian business hours from her home overseas, was supervised by the firm, and used company email addresses and branding when communicating with clients.
She submitted weekly invoices using the employer’s system and was paid $18/hour—well below the minimum award rates for legal assistants in Australia.
Despite this, when Joanna was let go in March 2024, the company claimed she wasn’t an employee at all. They said she couldn’t bring an unfair dismissal claim because she was an independent contractor. But the Commission saw things differently.
The Fair Work Commission examined Joanna’s written contract, daily work arrangements, and how the business operated. Even though her contract was titled “Independent Contractor Agreement,” and even though she worked remotely, the Commission found:
She was required to perform work under close control and direction
She couldn’t subcontract her tasks or assign them to anyone else
Her email signature and phone setup made it appear she worked inside the firm
She was paid a set hourly rate, in regular instalments, through their system
She had no business of her own and worked solely within the employer’s business
She earned less than the relevant award rate for casual employees in her field
The result? The Commission ruled that Joanna was an employee—meaning she can pursue her unfair dismissal case.
If you’ve ever felt unsure about whether you’re truly a contractor or employee, this case is worth paying attention to. It confirms that your legal rights aren’t determined by labels in a contract, but by what the arrangement actually looks like in practice.
Even if you’re:
Paid through invoices instead of payslips
Told you’re “self-employed” or an “independent contractor”
Not receiving super, leave, or entitlements
Working remotely or outside Australia
...you may still be legally recognised as an employee—and entitled to protections under the Fair Work Act 2009 (Cth).
If you’ve been:
Let go unfairly
Denied entitlements like leave or super
Told you’re a contractor but treated like staff
...you may have grounds for legal action. This case shows that the Commission is willing to look past paperwork and examine the real substance of your work.
