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457 Visa Work Discrimination.......?


suzy+1

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Hi All,

just wondering what your thoughts were on my current situation-if im being overly sensitive or if this is all a croc of s**t.

 

Been here nursing on a 457 visa since Feb....

Working on an awful ward so applied to another area in the hospital-was told i had got the job. After trying to sort out the transfer and being ignored by all parties i went to management higher up, after more discussion my boss has told me they will not 'release' me from the ward until novmeber (4 months after my job offer). This would NOT happen in the NHS!

 

This is on top of being told i had to work permanent weekend nights as that was all that was available, then a new nurse started 2 weeks later (not on visa) and asked what nightshifts she would like to work! A few more incidents too on top of those.

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Guest JoanneHattersley

Sounds a bit weird to me!

 

However when you are sponsored with a hospital I have no idea what rules there are.

 

I was with a nursing agency and was "sent" to a retirement village to do "whatever needed doing". I was one of the lucky ones as within 4 months I secured a permanent job and within 18 months had PR. I am still at my job! Same one as when I landed.

 

Do you have a contract? Was there any small print there that stated about giving notice or being "tied" to your ward?

 

I think to a degree, you have to do what you can get. Have you chatted to them to see what else, shift wise is available? I know that you will have to seriously give and take but there are limits!!!

 

Can immigration help you at all?

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Guest Gollywobbler

Hi Suzy

 

Since you are a nurse, surely you are eligible for a skilled independent visa anyway? Those being either the sc 175 or the sc 176.

 

It is absolutely NOT ON to treat you less favourably than any other member of the workforce at the hospital and DIAC are very tough with employers who breach this rule, particularly if the employer is a hospital - they of all people ought to know better.

 

Please see this link:

 

http://www.immi.gov.au/skilled/_pdf/457-unions.pdf

 

It sounds like the real reason for treating you differently is none of the things within HREOC's remit but straightforward exploitation of the fact that you are on a 457 visa and are therefore vulnerable. I suspect that that would be a matter for DIAC rather than for HREOC, but it might be worth a word with the latter, in confidence, about the situation.

 

In your shoes, I think I would be inclined to look at making an independent application for PR right away if you can afford to (bearing in mind the application fee for the visa, the cost of meds and police checks and the fact that the whole family would have to make a short trip to Bali or Singapore in order for either of an sc 175 or 176 visa to be granted. And I'd be looking for another 457 sponsor in the meantime to tide you over whilst waiting for the main visa application to be processed.

 

I should think that any of the other hospitals and all of the nursing agencies would be delighted to offer to replace your existing employer with themselves.

 

I would suggest a clear game-plan for yourself visa-wise before deciding whether to complain to DIAC about the present situation. Just the threat of doing so might bring your current employers back into line.

 

Best wishes

 

Gill

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My contract is with the hospital-not the ward and says nothing about being 'tied' into the ward for a length of time. The new area i would be working in are just as short staffed-if not more so, but i think my ward will be harder to staff due to the poor reputation that has come about because of the appauling management. I was also told i would be supported in career progression.

 

They also preached about how they actively work with you to create a home/work life balance which couldnt be further from the truth with the permanent wkend shifts , and when my boss found out i was a single parent i had a big lecture about how on earth did i expect to cope and what was i going to do when my child was sick. I understand i am on this visa to work, but i do expect to be treated as any other staff member.

 

Its more the way they have gone about things that i dislike, very sneaky and manipulative-because they think i will have to put up and shut up.

 

I am definatly looking into getting PR but need to save more money, and even waiting for that process to complete can take quite a while.

 

I have had such a bad time since being here i went to another hospital and had sponsorshop offered to be taken over within 3 weeks of starting my job, but at that time couldnt take any more upheaval. Im ready for it now but i really want this new job (which i have to wait for) as it can be quite a hard area of nursing to get into without the right experience.

 

So looks like i will have to carry on saving for that PR for now and start my new job in november, any more incidents though and i think i will have to put pen to paper.

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Guest itskaren
Hi All,

just wondering what your thoughts were on my current situation-if im being overly sensitive or if this is all a croc of s**t.

 

Been here nursing on a 457 visa since Feb....

Working on an awful ward so applied to another area in the hospital-was told i had got the job. After trying to sort out the transfer and being ignored by all parties i went to management higher up, after more discussion my boss has told me they will not 'release' me from the ward until novmeber (4 months after my job offer). This would NOT happen in the NHS!

 

This is on top of being told i had to work permanent weekend nights as that was all that was available, then a new nurse started 2 weeks later (not on visa) and asked what nightshifts she would like to work! A few more incidents too on top of those.

 

Hi Suzie

 

I truly sympathise with you. I was on a 457 visa with a nursing agency in Melbourne. I was contracted to work full time which is fine. I chose nights as it fitted in witht the children etc. however, on interview in Bristol (UK) I was told 'plenty of shifts, where ever I wanted ....etc'. This could not be further from the truth. I too was mainly working weekends, normally travelling and hour or more to work.

 

I was devastated. I was lucky as my husband took over the visa (sponsored by his employers). In the meantime, we have applied for the 175 visa all we have to do now is to 'validate' them. We are going to England for christmas so will do it then.

 

I just cannot begin to think how unhappy I would have been if my situation continued.

 

I really wish you good luck.

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Hi itskaren

i had exactly the same problem, i had asked at my interview in london if i could do nights (to fit with childcare etc) they said they would love me for doing nights, plenty going etc. When i arrived my boss said i had to work days and gave me hell when i said i was told i could do nights-and even insinuated that i was lying about it. In the end she gave me nights (all be it permanent wkend nights) which i did for 3 months (using most my savings on expensive childcare at wkends) and when another staff member left on nights and no one was replacing them i dared to ask if i could swap ONE wkend night to another night..........and was hauled into the office for a half hour rant that left me nearly crying for the rest of the day, from then on i have vowed not to go into that office unless there is a 3rd person or a tape recorder!

The hospital says it will suppport staff for PR under the ENS scheme after 18 months, but i have heard of people asking early and being grated so i may think about doing that.

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Guest itskaren
Hi itskaren

i had exactly the same problem, i had asked at my interview in london if i could do nights (to fit with childcare etc) they said they would love me for doing nights, plenty going etc. When i arrived my boss said i had to work days and gave me hell when i said i was told i could do nights-and even insinuated that i was lying about it. In the end she gave me nights (all be it permanent wkend nights) which i did for 3 months (using most my savings on expensive childcare at wkends) and when another staff member left on nights and no one was replacing them i dared to ask if i could swap ONE wkend night to another night..........and was hauled into the office for a half hour rant that left me nearly crying for the rest of the day, from then on i have vowed not to go into that office unless there is a 3rd person or a tape recorder!

The hospital says it will suppport staff for PR under the ENS scheme after 18 months, but i have heard of people asking early and being grated so i may think about doing that.

 

 

Hi Suzie

 

It's just C***! The agencies promise you the earth but deliver nothing. I just wish I could have spoken to someone in the know beforehand. they have basically 'got you by the short and curlies' once you have arrived as we have to work full time.

 

I hope things work out for you.

 

Kind regards

 

Karen x

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