187 regional migration- leaving sponsor

[Beth187]

Hi, I wondered if anyone could help me. 

I am on a 187 sponsored regional migration visa, I’m currently on the bridging visa and my application was logged January 2019. 

I am being sponsored as a duty manager and prior to my sponsorship I was working for the employer for 9 months. I have now been there for 16 months. 

Since getting sponsored my boss has completely changed his demeanour. His family has joined him in running the business and they daughter gets away with doing nothing but gets paid the same as me. Despite the fact that my role is duty manager, she has been put in this position. After a few months into my sponsorship I went off sick for 2 days (first time since being employed there that I wasn’t off sick) and when I returned I had heard that they thought I was lying and that I’m not reliable etc. This really annoyed me and I chatted with my boss and said I wasn’t happy. I said I can’t work with the daughter as whatever decision I make gets over ruled by her decision. After this they put me in the kitchen, and ever since I have been working as a kitchen hand which is not my job role. I have mentioned this many times and he seems to think it is fine and won’t move me out of there. I’ve been extremely stressed and absolutely hate going to work. I’ve lost a lot of weightdue to the stress and it is a horrible environment to work in. It is very bitchy and the bitching comes from management. I am over worked and get only one day off per week, work split shifts everyday despite living 60 k away. I don’t get to spend time with my boyfriend which is making me more stressed. 

I was off sick for 2 days again last month and I received abusive text messages from my boss saying I was lying and that I have to come into work with my medical certificates. I sent him my certificates and he still sent me nasty messages. This really upset me. 

He also took money out of my wages when I first got the sponsorship to pay for the $3000 business tax. I think I’m right in saying that this is wrong however I haven’t questioned it because I’m so scared that my life will be made hell there again. I also do not want him to have this over me that he has invested in me. 

There is another lady also on Sponsorship visa and she too is in the same situation as me. Her life has been made hell and I know she is very stresssed. The boss’ daughter does not like her and they are just hoping that she is going to mess up so they can get rid of her. They have given her a formal warning when she has done nothing wrong. 

Please help us and let us know what we can do in this situation. I really just want to walk out the door and be happy again, but after investing all this money I do not want to lose it. We are so stressed and it’s affecting our health, surely with two of us there is something we can do? 

 

Thanks! 

 

[Beth187]

Also we do not get paid for our overtime nor do we get time off in lieu despite the fact sometimes we work up to 60 hours a week 

[Muppett]

Hi @Berth187

It seems you’re in an awful situation. I’d recommend getting in touch with Fairwork Australia, they should be able to help with a number of things. It might be better to leave if your work is affecting your health. 

Edited August 1, 2019 by Muppett

[Davide]

The only way is for both of you report the situation at the fairwork. In the Border protection site is stated that, they may not cancel your visa, ''only'' if you have gone by the fairwork first because they have an agreement between agencies.

Try to collect an much evidence of this bad treatment you can, such as video of you working as a kitchen hand, if you can audio or video of the verbal abuses, timesheet showing your extra hours, abusive text you received etc etc everything that come up your mind.

[Muppett]

16 minutes ago, Davide said:

The only way is for both of you report the situation at the fairwork. In the Border protection site is stated that, they may not cancel your visa, ''only'' if you have gone by the fairwork first because they have an agreement between agencies.

Try to collect an much evidence of this bad treatment you can, such as video of you working as a kitchen hand, if you can audio or video of the verbal abuses, timesheet showing your extra hours, abusive text you received etc etc everything that come up your mind.

Only problem is that he/she is currently on a bridging visa if I understand correctly. I don’t think the same rules apply re cancellation as when you’re on a 457 or 187/186. (I’m not an expert so could be wrong) 

[Davide]

there ain't other way, I spook with my migration agent, and when you are in Bridging basically you have no option, if it's detrimental for her health then the only way is report to Fairwork, and start again with another employers. What's the advantage for you none, because you'll have to pay again the visas fees, and hope your next employer will be good. But at least the old employer will go under scrutiny and even lose the ability to sponsor other people, plus receive a big fine too.

if she can keep going until the visa approval that's different! after the approval I suggest to go the doctor and tell him you are suffering from anxiety and depressione due to work condition, ( go with evidence! it's better, you'll show is not fake)this will lead to more investigation by Fairwork and even if The Border protection decide to cancel your visa, you can appeal to the administrative tribunal, who in this cases rule always in favor of the migrant.

[MaggieMay24]

What your employer is doing is illegal and putting your health and your visa prospects at risk.  Although I realise you have invested time, money and more into the immigration process, you are also obligated to notify DHA if you are no longer performing the duties for which you are being sponsored.

I'd strongly suggest you speak with a migration agent to see what options you have if you report your employer to Fairwork Australia (sounds like they have substantially changed your employment contract without first consulting with you and they aren't paying you properly, etc.) and also to DHA (they have deducted the training levy from your wages which is illegal).  There are several good migration agents who post regularly on this forum so perhaps get in touch with one of them - look for @wrussell, @Raul Senise, @paulhand or @Alan Collett.