Jump to content

Constructive Dismissal/Sex Discrimation on a 457 Visa


Guest JaneW1977

Recommended Posts

Guest JaneW1977
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.

 

Thansk Melbkitty, that's good to know - I could do without financial problems on top of everything else! Good luck with everything on your side x

Link to comment
Share on other sites

I'm not going to comment on your current work situation as I don't know enough about it. However, before you go too far with your current course of action you might like to consider very carefully what you want to achieve.

 

If you want to create some hassle for your current employer before returning home then continue on your current path. If on the other hand you hope to find someone else willing to sponsor you consider very carefully how your actions will be viewed.

 

From what you have posted you don't appear to qualitfy for migration in your own right (age and lack of qualifications) so it is unlikely there will be a high demand for your skills. And right or wrong you are going to look like an easily disgruntled and litigious individual. It will be a brave employer who takes a chance on you.

 

I think you need to decide what's more important to you - the short game or the long one.

Link to comment
Share on other sites

Guest JaneW1977
I'm not going to comment on your current work situation as I don't know enough about it. However, before you go too far with your current course of action you might like to consider very carefully what you want to achieve.

 

If you want to create some hassle for your current employer before returning home then continue on your current path. If on the other hand you hope to find someone else willing to sponsor you consider very carefully how your actions will be viewed.

 

From what you have posted you don't appear to qualitfy for migration in your own right (age and lack of qualifications) so it is unlikely there will be a high demand for your skills. And right or wrong you are going to look like an easily disgruntled and litigious individual. It will be a brave employer who takes a chance on you.

 

I think you need to decide what's more important to you - the short game or the long one.

 

I don't want to create any hassle, I don't want to be in this position that's all - it's one I've never been in and I didn't invite it.

 

I thought the fact that I'm on a 457 means I'm skilled and in demand, I'm sorry I'm confused by your statement. Plus, I have 20 years experience in my field. I've just checked the passmark for a Skilled Migration Visa and I get 65 points - so that confirms I have enough points to go down that route. My employer insisted on the 457, as they wanted me here quickly.

Link to comment
Share on other sites

Guest JaneW1977
http://migrationblog.immi.gov.au/category/sponsor-monitoring/

 

Maybe casually email this link to someone senior ... the possible financial consequences for breaches of employer undertakings might cause them to be a tad more respectful towards you.

 

Best regards.

 

Thanks Alan, very interesting - I'll casually link this one too:

 

http://www.mondaq.com/australia/x/137442/Unfair+Wrongful+Dismissal/Termination+of+sponsored+workers+challenging

Link to comment
Share on other sites

How sad to read this story! I would also recommend to contact Work Cover and Fair Work asap. You need some help, at least from the ombudsman from Fair Work or councelling before you might develop a mental health issue or other health issues.

Link to comment
Share on other sites

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.

 

I don't want to create any hassle, I don't want to be in this position that's all - it's one I've never been in and I didn't invite it.

 

I thought the fact that I'm on a 457 means I'm skilled and in demand, I'm sorry I'm confused by your statement. Plus, I have 20 years experience in my field. I've just checked the passmark for a Skilled Migration Visa and I get 65 points - so that confirms I have enough points to go down that route. My employer insisted on the 457, as they wanted me here quickly.

 

 

My comments in part were based on the information you supplied earlier in the thread (see statement I bolded in your quoted post).

 

In relation to how in demand your skills will be I based my comment on a comparison of your stated experience and the Business Development and Marketing professionals I know who not only have the same depth of experience as you but also hold qualifications such as MBA etc.

 

The main gist of my post however was to highlight that your current planned action may significantly decrease your chances of finding another employer - especially one who will have to sponsor you.

Link to comment
Share on other sites

Guest JaneW1977
My comments in part were based on the information you supplied earlier in the thread (see statement I bolded in your quoted post).

 

In relation to how in demand your skills will be I based my comment on a comparison of your stated experience and the Business Development and Marketing professionals I know who not only have the same depth of experience as you but also hold qualifications such as MBA etc.

 

The main gist of my post however was to highlight that your current planned action may significantly decrease your chances of finding another employer - especially one who will have to sponsor you.

 

Wow, didn't realise I would have to justify myself and have my posts thrown in my face, when I was only asking for advice on what others may have experienced in the situation I am in.

 

Well, if you want the long and boring story here goes...when I looked at PR in 2010 (when I was 41) I went through the Visa Wizard and I didn't have enough points to go that route, so I left it. Then in 2012 I was approached my current employer to go and work for them (I had my own consultancy at the time and was helping global companies break into other markets). As I said, they wanted me quick so I agreed to the 457.

 

I only checked the Visa wizard again yesterday out of interest, it was a nice surprise to see I would qualify with being in Australia for 1 year. An MBA on the points is only 5 more points, and I never see employers ask for it once in the 12 jobs I've applied for this week. I know many BDM's here and in the UK, one of my best friends had an MBA and couldn't get work for a year.

 

Also, a BDM is not about qualifications, it's about market knowledge, relationship building, and a large network of contacts - 20 years of knowedge and global contacts in the niche industry I work in has served me well up until now.

 

If the main purpose of your post was to advise on my current planned action, I wish you would have just kept it at that.

Link to comment
Share on other sites

Guest JaneW1977
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 - you've helped me much more than you realise! I checked the visa wizard on the DIAC website yesterday after your post, and it looks like I may be able to apply for a Skilled Independant visa now I have one year of professional experience under my belt in Australia :)

Link to comment
Share on other sites

Hi nicolac34 - you've helped me much more than you realise! I checked the visa wizard on the DIAC website yesterday after your post, and it looks like I may be able to apply for a Skilled Independant visa now I have one year of professional experience under my belt in Australia :)

The visa wizard is not really great and can give false hope. You need to do more research regarding if you are eligible. I.e. can you get a positive skills assessment without having any qualifications, many occupation will require a degree. I believe your occupation is on CSOL therefore without having employer sponsorship you will need state nomination. You would then need to check if your occupation is available for sponsorship in the state that you are living in.

Link to comment
Share on other sites

Guest JaneW1977
Aussieange - you might have to check that as I believe the skill needs to be on the SOL, or the CSOL if it's on a the state sponsorship list!

 

Aww thanks Melbkitty - I'm on the CSOL, but I don't mind living in the outback if it means I get an option to do it under my own steam! I'm gutted as I started out as a Quantity Surveyor many years ago, they are sooo in demand over here (maybe an option is to study & convert back to that).

Link to comment
Share on other sites

Aww thanks Melbkitty - I'm on the CSOL, but I don't mind living in the outback if it means I get an option to do it under my own steam! I'm gutted as I started out as a Quantity Surveyor many years ago, they are sooo in demand over here (maybe an option is to study & convert back to that).

 

 

Let me know (send an email to me - click on my name to the left of this post) with your current CV if you'd like me to take a quick no obligation look at your points situation.

 

As you say, the points for Australian skilled work experience may well be sufficient to get you over the line.

 

Remember also though the need for a positive migration skills assessment for any GSM application.

 

Best regards.

Link to comment
Share on other sites

Regional could be an option for you then! I studied Midwifery years ago and dropped out with a year to go which I often regret as its on every list, but no use dwelling on the past and there is more to life than migrating to Australia! You still have time and another sponsor may come through - try not to panic - easier said than done when you feel stuck in a lousy job but things have a way of working out x

Link to comment
Share on other sites

Guest JaneW1977
Regional could be an option for you then! I studied Midwifery years ago and dropped out with a year to go which I often regret as its on every list, but no use dwelling on the past and there is more to life than migrating to Australia! You still have time and another sponsor may come through - try not to panic - easier said than done when you feel stuck in a lousy job but things have a way of working out x

 

What a couple of dropouts hey ;) - yes you're right, best not to regret anything as the decisions you made were right for you back then.

 

Just spoke to the lawyer too, she's going to apply for workers compensation so I don't have to go back into the office again. I think I'll forget the tribunal thing if that happens, all I want is to not put up with their behaviour anymore.

 

Thanks for your positivity, it's much appreciated.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...