Guest JaneW1977 Posted October 7, 2013 Share Posted October 7, 2013 After 18 months of my employer undermining me, I felt I could take no more and handed my notice in a week ago. I've been assigned menial tasks, and much more (which as a member of the senior management team is not in my job description). But as us 457's know, we don't want to bite the hand that feeds them. Unfortunately, I'm on notice and they are making my life hell - they ignored me all day when I went back to work after my resignation, so I've been on sick leave (my doc gave me a medical cert). My employer was quick to email me to say I'm in excess of my sick leave entitlement so won't be paying me until I go back to work. They are threatening me with summary dismissal if I step out of line. I really don't want to go back, it's making me totally stressed out. I've got an appointment with a lawyer this week to put in a complaint with the Fair Work Commission/Human Rights people. My concern however, is going back into the office for the next 3 months and them making life hell for me - if they had any decency they would let me leave so I could concentrate on looking for a new job. But, the CFO has got it in for me - he's the most manipulative and egotistical bloke you'd ever meet. I suppose I could abandon my employment, but this will just look really bad on my part...don't know what to do Link to comment Share on other sites More sharing options...
Rupert Posted October 7, 2013 Share Posted October 7, 2013 I think you need to grin and bear it. It is only three months. Sometimes we have to put up with bad situations at work, I once had to out up with a situation for over a year, I was completely trapped (wont go into details as this is your thread not mine, but I was trapped). It won't kill you, it will just make you stronger. I would think hard about the Fairwork Australia thing too, you might be better letting this go, taking your last sponsor to tribunal might not hep you find another sponsor. Making you book flights is annoying and I wouldn't put up with it either, I would leave, but I wouldn't start a lawsuit. Link to comment Share on other sites More sharing options...
starlight7 Posted October 7, 2013 Share Posted October 7, 2013 Well if it was me I'd just go. Nothing on earth is worth your health. I'd write it off as experience- would it look any worse than what you're going to get anyway? Link to comment Share on other sites More sharing options...
Rupert Posted October 7, 2013 Share Posted October 7, 2013 Well if it was me I'd just go. Nothing on earth is worth your health. I'd write it off as experience- would it look any worse than what you're going to get anyway? I think that would be unwise in view of the visa situation. Not turning up for work would be a definite breach and damage chances of future visas. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted October 7, 2013 Share Posted October 7, 2013 I don't know anything about visas maybe someone else can help but a lady up here came over on a 457 got dismissed but because her children were in education here (maybe as international students don't know) they all got to stay until they finished school and reached 18, unfortunately she then stayed by marrying a wife beater :no: Link to comment Share on other sites More sharing options...
Guest JaneW1977 Posted October 7, 2013 Share Posted October 7, 2013 I think that would be unwise in view of the visa situation. Not turning up for work would be a definite breach and damage chances of future visas. The legal advice I've been given is that they have breached the employment contract anyway, as I've not been doing the job I was brought into Australia for - why should they be allowed to sponsor people over (at my considerable expense) and treat them like dogs - if I knew this, maybe I wouldn't have made the jump here. Depends on whether I want to kiss my dignity goodbye for the next 3 months hey Link to comment Share on other sites More sharing options...
Rupert Posted October 7, 2013 Share Posted October 7, 2013 The legal advice I've been given is that they have breached the employment contract anyway, as I've not been doing the job I was brought into Australia for - why should they be allowed to sponsor people over (at my considerable expense) and treat them like dogs - if I knew this, maybe I wouldn't have made the jump here. Depends on whether I want to kiss my dignity goodbye for the next 3 months hey Oh well just dont turn up then. Seems you have already made up your mind. Link to comment Share on other sites More sharing options...
Guest JaneW1977 Posted October 7, 2013 Share Posted October 7, 2013 Oh well just dont turn up then. Seems you have already made up your mind. I've not made up my mind at all...I'm just totally stressed out & not sleeping and don't know where to turn. I suppose if someone can qualify what you mean about 'damaging my chance of any future visas'. Link to comment Share on other sites More sharing options...
flag of convenience Posted October 7, 2013 Share Posted October 7, 2013 The legal advice I've been given is that they have breached the employment contract anyway, as I've not been doing the job I was brought into Australia for - why should they be allowed to sponsor people over (at my considerable expense) and treat them like dogs - if I knew this, maybe I wouldn't have made the jump here. Depends on whether I want to kiss my dignity goodbye for the next 3 months hey Sadly not too uncommon on 457s. No they shouldn't be allowed to treat people poorly and get away with it but it all too often happens. You don't need to be on a visa for poor treatment either. Although being on one does make it easier for potential bullies. Do what is right for you but be aware of the consequences if you may need referees for another position. That's why networking and the like are so important in Australia. More so than actual experience and qualifications in many cases. Gives substantial power to previous employer especially if had a falling out or worse. To be quite frank I don't think Australia is a good place to work these days. No wonder why it is an Aussie norm to prefer to work for self or set up a business. Link to comment Share on other sites More sharing options...
AJ Posted October 7, 2013 Share Posted October 7, 2013 Have you done anything about looking for a new employer yet? That would have been my first priority before handing in my notice. A new sponsor is bound to contact your employer for a reference before taking over sponsorship, it will definitely not look good if you are in the middle of a tribunal. After you had a new job and your visa was safe with the new sponsor then I would have quit and done the tribunal bit if you insist on going that way. Yes its not right to be treated badly by an employer but I think you have maybe jumped the gun a bit handing in your notice before sorting out an alternative. 90 days isn't that long - a week away already, hope you sort things out. Also they are not being bullies by informing DIAC of your resignation, I think they have to do that. Link to comment Share on other sites More sharing options...
ali Posted October 7, 2013 Share Posted October 7, 2013 Horrible situation for you to be in and I can understand your stress - however, Re the sick leave - my hubby broke his leg and didn't have enough sick leave (we're citizens), he was told by his employer that he had to go in work or take unpaid leave, whilst it doesn't seem fair - the reality was he didn't have enough sick leave entitlement and that was that - so you won't be able to add that to your lawsuit. Again, with them informing DIAIC - these will be part of the conditions of your visa and you had tendered your resignation and therefore they needed to be informed. If you're taking it further, stick to the points that they have breached your working conditions and although it's very difficult take any emotion out of the equation. Good luck with whatever you decide xx Link to comment Share on other sites More sharing options...
nicolac34 Posted October 7, 2013 Share Posted October 7, 2013 Does the 90 days start from when you hand your notice in or when you've had your last day in the office? Is it an option to go back to the UK? What about applying for a visa in your own right? (If you want to stay that is) A truly awful situation to be in, I wouldn't want to step foot back in the office, but they really have you over a barrel don't they? :hug: Link to comment Share on other sites More sharing options...
Guest JaneW1977 Posted October 7, 2013 Share Posted October 7, 2013 Have you done anything about looking for a new employer yet? That would have been my first priority before handing in my notice. A new sponsor is bound to contact your employer for a reference before taking over sponsorship, it will definitely not look good if you are in the middle of a tribunal. After you had a new job and your visa was safe with the new sponsor then I would have quit and done the tribunal bit if you insist on going that way. Yes its not right to be treated badly by an employer but I think you have maybe jumped the gun a bit handing in your notice before sorting out an alternative. 90 days isn't that long - a week away already, hope you sort things out. Also they are not being bullies by informing DIAC of your resignation, I think they have to do that. Hi AJ - yes, I'm applying for jobs like an idiot - luckily the opportunities here are better than the UK. Although I can imagine my employer making it very difficult for me to take annual leave to go for interviews. Apparently, I have to make a decision whether to go to a tribunal within 21 days of resigning, so I can't defer it until after I leave. I know they need to inform DIAC of my leaving, that's fine - but DIAC website says it says within 10 days of my leaving, not the minute I hand my notice in! Believe me, I know them and they are just being spiteful. At the moment, I'm still employed by them so there was no need to inform DIAC just yet! Link to comment Share on other sites More sharing options...
Guest JaneW1977 Posted October 7, 2013 Share Posted October 7, 2013 Does the 90 days start from when you hand your notice in or when you've had your last day in the office? Is it an option to go back to the UK? What about applying for a visa in your own right? (If you want to stay that is) A truly awful situation to be in, I wouldn't want to step foot back in the office, but they really have you over a barrel don't they? :hug: Hi Nicolac34 - The 90 days starts when I leave in nearly 3 months luckily. Unfortunately, the 457 was the only option I had of getting into Australia due to my age and the fact that I don't have a degree in my current occupation (don't make the points for PR). I was prepared for the rocky road to PR, but not this rocky. Yes, they have me over a barrel and they will be very aware of that. Thanks for everyone's posts, much appreciated - maybe I put a good old british front on, rise above the idiots and soldier on for the next 3 months. But, a little voice in my head says make them suffer. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted October 7, 2013 Share Posted October 7, 2013 Don't know anything about Aussie Employment Law but in the UK anyway you can't claim constructive dismissal until you've been at a company for a year and even then you would have need to have put in grievances first. Hope Faiwork Australia can help . Link to comment Share on other sites More sharing options...
Melbkitty Posted October 7, 2013 Share Posted October 7, 2013 Hi there Just wanted to say I feel your pain & can relate to feeling like they have you over a barrel. I've stuck it out with my employer on a 457 for 3.5 years in the hope that they would eventually assist me in gaining PR (they assured me they would since day 1) - but it is looking more & more unlikely that this will happen. In this time I have had 2 different roles (while sponsored under the same occupation) and my equivalent has left both times, leaving me with an unmanageable caseload. I had had several managers, one of whom so unbelievably unprofessional and discriminatory. It's been a running joke for some time that I am sponsored and 'we can deport you hahaha'. Hilarious. The only thing that has helped me drag my bum to work is having choices - at first I considered returning to the UK which took some pressure off....I had some interest from another potential sponsor a while back too but thought this would delay PR even more...and now I able to apply for a Defacto through my Aussie partner so I know I won't be 'tied' to the employer for the duration of my time in Aus. When you can see the end I think it makes each day easier. If I was you I would go in there with my head held high knowing it's only another few months. And look at contacting Fairwork after you leave but record every incident from here. Maybe even get in touch with your local MP for support. It's such a shame that some employers must behave in this way but it is the minority. My friends who are/have been on 457s have had only positive experiences and most now have PR, and with the same employer! Link to comment Share on other sites More sharing options...
Melbkitty Posted October 7, 2013 Share Posted October 7, 2013 Sorry just read you are already in contact with an employment lawyer, good luck with it! Link to comment Share on other sites More sharing options...
Rupert Posted October 7, 2013 Share Posted October 7, 2013 I've not made up my mind at all...I'm just totally stressed out & not sleeping and don't know where to turn. I suppose if someone can qualify what you mean about 'damaging my chance of any future visas'. I mean that breaching visa conditions by not turning up for work is not a good idea. Your visa situation is precarious enough without making it any worse. Getting your visa cancelled in due course because you have resigned is one thing, getting it cancelled because you have not abided by the terms is another matter. I think you need to call upon your inner strength and stick this out, it is three months, you are not the first person who has had to put up with an unpleasant work situation for three months. You have taken the right step to remove yourself from this long term, now you simply have to go through that process of working your notice. It is three more months of looking for another job whilst you see this out. You don't hold the cards here, there is no point trying to kid yourself that you do. In your shoes i would be doing what I could to make my life as pleasant as possible for the next three months, by going to work with a smile and doing your best to keep the peace. This will be important as you are going to need references to secure your next job. Link to comment Share on other sites More sharing options...
nicolac34 Posted October 7, 2013 Share Posted October 7, 2013 You don't hold the cards here, there is no point trying to kid yourself that you do. In your shoes i would be doing what I could to make my life as pleasant as possible for the next three months, by going to work with a smile and doing your best to keep the peace. This will be important as you are going to need references to secure your next job. But if the Company is being this vindictive (as the OP suggests) what are the chances of them giving a half decent reference? I wouldn't want to use them as a reference even if I did stick out the remaining 3 months. Link to comment Share on other sites More sharing options...
Rupert Posted October 7, 2013 Share Posted October 7, 2013 But if the Company is being this vindictive (as the OP suggests) what are the chances of them giving a half decent reference? I wouldn't want to use them as a reference even if I did stick out the remaining 3 months. Might not have any choice about using them as a reference and as far as I can tell, Australia has the unofficial networks anyway. That is why I think it is best to keep the peace, be professional and try to build some bridges, even if it is only pretend. On the other hand if making a point is more important then OP could work to rule, go to FWA etc, but in this case I think also needs to be prepared to not find another role and leave Australia. I am not sure what the long term plan is here anyway. Link to comment Share on other sites More sharing options...
Tazzamaraz Posted October 7, 2013 Share Posted October 7, 2013 Have you contacted Workcover? Maybe you're sick leave would be covered by a workers comp claim if you have medical evidence of stress?? Sent from my iPhone using Tapatalk - now Free Link to comment Share on other sites More sharing options...
Guest JaneW1977 Posted October 7, 2013 Share Posted October 7, 2013 The industry I work in is a very small place - a lot of the companies I've worked for in the UK over the past 20 years have now got offices in Australia so I'm talking to them at the moment. So, I probably won't need a reference from the small time player I currently work for. I didn't ask to be in this situation, although I entered into it with open eyes as it gave me the opportunity of being here. I don't want to leave Oz, but of course I am aware it may come to that. What my long term plan is is pretty hypothetical if every employer I get turns out like this! For the record I want to get PR and then citizenship, but I now think that is just a pipe dream for the lucky people. I'm seeing the lawyer tomorrow so I'll see what they say - unfortunately, I only have 21 days since I resigned to put in a complaint to the Fair Work Commission. Happy days! Link to comment Share on other sites More sharing options...
Guest JaneW1977 Posted October 7, 2013 Share Posted October 7, 2013 Have you contacted Workcover? Maybe you're sick leave would be covered by a workers comp claim if you have medical evidence of stress?? Thanks Tazzamaraz, I thought that was just for injuries at work - I'll check it out this week. Link to comment Share on other sites More sharing options...
Melbkitty Posted October 7, 2013 Share Posted October 7, 2013 I don't think it's a pipedream - I don't have figures but I would assume a large proportion of 457 visa holders go onto PR - you've just had an unlucky experience with a bad employer. You still have time to find a good employer who might sponsor you if you channel your energy into that! Link to comment Share on other sites More sharing options...
Melbkitty Posted October 7, 2013 Share Posted October 7, 2013 You can claim workcover for mental health issues that are a result of work - a colleague of mine received paid leave and counselling during a period of stress he said was the result of bullying by another co-worker. Link to comment Share on other sites More sharing options...
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