A landmark Fair Work ruling has raised the stakes for offshore hiring in the Philippines
A recent ruling from the Australian Fair Work Commission has put the spotlight on an employment risk for businesses that engage talent offshore. In Pascua v Doessel Group Pty Ltd, a Filipino paralegal working remotely for a Brisbane company was granted Australian workplace protections after being terminated. This landmark decision exposes Australian employers to broader legal obligations, even when their remote employees are based overseas.
The Expanding Reach of Unfair Dismissal: Implications for Australian Businesses
If your business has offshore accounting, IT, or support teams in the Philippines and you’re not using a local employer of record you may now be at risk. But there’s good news: You don’t have to shut down your offshore IT or offshore accounting team. You can transfer your existing team members to Yempo, maintaining continuity while addressing compliance exposure.
What the Fair Work ruling means for Australian businesses
Australian workplace protections don’t end at the shoreline. This case proves that:
- Remote workers can claim local legal protections
- Termination and HR actions can be challenged under Australian law
- Businesses without a compliant local structure may face significant financial and legal consequences
According to legal experts at Hunt & Hunt, “businesses must ensure that they have structured their offshore arrangements in a way that limits potential liability under Australian legislation.”
The safe path forward: Ask us to help
Yempo is a Philippines local employer of record, hiring IT and Financial/Accounting talent on your behalf and ensuring compliance with all Philippine labour laws. This eliminates risk and enables you to retain and grow your offshore operation with full confidence.
We provide:
- Full legal employment in the Philippines
- Compliance with local HR regulations
- Government-mandated and private benefits
- Medical insurance, paid leave, and fair pay
- Full HR, payroll, and performance support
- Recruitment for new hires
- Team social events and parties
- Quality technology and security
- Quality office equipment.
You can transfer your existing (offshore) team to Yempo
If you’ve already engaged talent directly, whether through freelancers, contractors, or another third-party vendor, we can transfer them to Yempo’s legal employment framework, easily and painlessly. Here’s how it works:
- Initial review
We assess your current team, contract arrangements, and business goals.
- Legal transfer
We onboard your staff under Yempo’s registered business entity in the Philippines. They remain dedicated to your business but gain full employment benefits and protections.
- Smooth transition
We handle all admin, payroll, benefits setup, and HR processes. Your team sees no disruption, just an upgrade in employment conditions.
- Continued support
You keep full operational control over your team’s output while we manage everything else behind the scenes.
This process helps you avoid regulatory exposure while improving retention, engagement, and morale.
As one of our clients, Shareef, puts it:
“If you want an offshore team then Yempo will help you to hire, find great candidates, run all HR, and provide easy systems – all in a friendly manner.”
We have you covered: offshore Accounting, IT and Business Support talent
Yempo supports clients in tech, finance, legal services, engineering, healthcare, and beyond. Whether you’re looking to outsource IT, build offshore accounting teams, or enhance your support operations, we provide world-class talent with the backing of robust employment practices.
Our professionals enjoy a workplace culture that prioritises:
- Stability
- Growth opportunities
- Health and wellness
- Inclusion and collaboration
You benefit from motivated, engaged employees who stick around.
Outsourcing: Philippines based teams, the right way
There’s a smart way to do outsourcing in the Philippines – and a risky way. Too many businesses have relied on informal arrangements or unregulated contracting models. In today’s legal climate, that’s no longer sustainable.
With Yempo, you’re partnering with a fully registered employer of record that’s been helping international clients grow in the Philippines for over a decade. We are proud of our transparent, value-driven approach.
Whether you’re looking to build new teams, scale current operations, or transfer existing remote employees, we act at your trusted partner in the Philippines.
‘’Yempo provides peace of mind. A one-stop-shop from job spec to ad, interview, employment, admin, tech, payroll.’ – Simon J, Yempo client
Next step: Talk to us
If you’re currently managing a team in the Philippines or exploring offshore options, talk to us about your goals and how we can help:
- Transfer your team
- Hire new talent
- Ensure full compliance
- Provide competitive benefits and long-term support
Book a quick chat with Michelle today, to know more about our best practices in providing offshore accounting and IT staff from the Philippines – or shoot us an email at [email protected]. We are happy to answer your questions!
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