deanandkay Posted July 20, 2014 Report Share Posted July 20, 2014 Hello Does anyone know of the laws that protect 457 visa holders, if they are injured at work, then told by their doctor/surgeon they will not be returning to their sponsor. I know 457 holders are issued with 90 days to find a new sponsor from the moment their employment with sponsor ceases. But what are the legal rights of the visa holder should they not find a new sponsor and are forced to return to UK? Can they take legal action against former sponsor, as they technically came to Australia as a working person, but have had to return to UK as they could not work due to injury? All help appreciated Quote Link to comment Share on other sites More sharing options...
elfie Posted July 20, 2014 Report Share Posted July 20, 2014 Thats a big one if it were me I would speak to the migration agency that helped with the 457 visa. Or failing that another migration agent. Quote Link to comment Share on other sites More sharing options...
verystormy Posted July 21, 2014 Report Share Posted July 21, 2014 I would seek professional advice. Quote Link to comment Share on other sites More sharing options...
realitynotincluded Posted July 21, 2014 Report Share Posted July 21, 2014 you could try contacting www.fairwork.gov.au and talk to someone direct. Hello Does anyone know of the laws that protect 457 visa holders, if they are injured at work, then told by their doctor/surgeon they will not be returning to their sponsor. I know 457 holders are issued with 90 days to find a new sponsor from the moment their employment with sponsor ceases. But what are the legal rights of the visa holder should they not find a new sponsor and are forced to return to UK? Can they take legal action against former sponsor, as they technically came to Australia as a working person, but have had to return to UK as they could not work due to injury? All help appreciated Quote Link to comment Share on other sites More sharing options...
Rossmoyne Posted July 21, 2014 Report Share Posted July 21, 2014 Hello Does anyone know of the laws that protect 457 visa holders, if they are injured at work, then told by their doctor/surgeon they will not be returning to their sponsor. I know 457 holders are issued with 90 days to find a new sponsor from the moment their employment with sponsor ceases. But what are the legal rights of the visa holder should they not find a new sponsor and are forced to return to UK? Can they take legal action against former sponsor, as they technically came to Australia as a working person, but have had to return to UK as they could not work due to injury? All help appreciated Are you in this situation or are you just "fact finding"? Quote Link to comment Share on other sites More sharing options...
deanandkay Posted July 22, 2014 Author Report Share Posted July 22, 2014 Yes I am in this situation unfortunately. Quote Link to comment Share on other sites More sharing options...
Rossmoyne Posted July 22, 2014 Report Share Posted July 22, 2014 Yes I am in this situation unfortunately. So sorry to hear that. I can only recommend that you contact http://www.fairwork.gov.au. If you are employed by the WA government, then you would be covered for Workers Compensation claims, but I do not know if that applies to the private sector. I like to think that you were though... please let us know how you get on. Quote Link to comment Share on other sites More sharing options...
Druid Posted July 22, 2014 Report Share Posted July 22, 2014 Yes I am in this situation unfortunately. That is a tough one, I would be talking to work safe first, then DIAC, if you were injured at work due to no fault of your own, then I would think your sponsor would still have to sponsor you until you found an alternative or your sponsor would have to put you on light duty after the re cooperation period, either way, they cannot terminate you after you injured yourself at work, work safe will have a field day with your employer, 457 workers still have the same work place rights as full visa holders or Aussie citizens. Quote Link to comment Share on other sites More sharing options...
deanandkay Posted July 23, 2014 Author Report Share Posted July 23, 2014 (edited) Thank you for all your suggestions. Here's how it is so far - If me not returning to sponsor becomes formal, I have 90 days to find a new sponsor anywhere in AU. Immi are happy for me to be sponsored in any trade as long as new employer meet the criteria, as long as I am paid the same as the guy next to me, and the job is on the SOL. The insurance company want me to get into a return to work programme asap, obviously to prove that I have capacity to work, then start closing the case. I have no idea of the obligation that the rehab company employed to over look my return to work, have to finding me a new sponsor, if I am told not to return to sponsor. Immi and insurance can't agree on work rehab. Immi say it should be closely related to my sponsored role (furniture finisher), insurance want me to rehab in a store, as technically I am still paid by sponsor so in their eyes I go where ever they say. A couple of people have mentioned no one has your best interest in mind only their own, file a suit, take the money, start 90 days and see how you go. Better piece of mind on plane to UK with some money than none. Edited July 23, 2014 by deanandkay Quote Link to comment Share on other sites More sharing options...
verystormy Posted July 24, 2014 Report Share Posted July 24, 2014 Some iffy advice there. Your occupation must be on either the SOL or the CSOL. If you work in a role outside of what is on your visa then you would need a completely new 457 and that role would also have to be on one of the lists. There will be no obligation on the insurer or the rehab companies to help you look for a new sponsor. Quote Link to comment Share on other sites More sharing options...
deanandkay Posted July 24, 2014 Author Report Share Posted July 24, 2014 I seem to constantly run into you need to call this number..... Apparently tho I can apply for jobs in a similar role, if the first three digits of the SOL or SCOL are the same as my trade, 394211. I had an appointment with prospective work rehab, today. The guy conducting the interview confessed he has a high staff turn over rate, as the job is very mundane. Rehab comments, we can organise short breaks during time at work. I laugh and tell them this is the fist time I have been told I can have a break when the work gets to mundane. I'm used to multi tasking at 100mph for a 8-10hrs a day, now they want me to work in a place where I can have a break whenever I get bored because the job is boring. From the frying pan to the fire comes to mind....... I am aware neither the insurance nor rehab will be fully committed to finding me a sponsor once I am deemed fit to return to full time work. Quote Link to comment Share on other sites More sharing options...
Nutnudger Posted July 24, 2014 Report Share Posted July 24, 2014 Hi mate, its a very interesting one this one (more stressful then interesting for you tho I bet) why can't you just wait until your fully fit and then go back to your old job? Or start back part time until your fully fit but stay in the role you were doing before unless your injury means you can not go back to the same role Quote Link to comment Share on other sites More sharing options...
Druid Posted July 24, 2014 Report Share Posted July 24, 2014 Hi mate,its a very interesting one this one (more stressful then interesting for you tho I bet) why can't you just wait until your fully fit and then go back to your old job? Or start back part time until your fully fit but stay in the role you were doing before unless your injury means you can not go back to the same role Thats my my thoughts, surely as you were injured at work, after a period of sick leave/re cooperation , you could go on light duties, your employer has a legal obligation to you, regardless of the fact that you are on a 457, fair work or work safe don't care what visa you are on Quote Link to comment Share on other sites More sharing options...
deanandkay Posted July 25, 2014 Author Report Share Posted July 25, 2014 Thats my my thoughts, surely as you were injured at work, after a period of sick leave/re cooperation , you could go on light duties, your employer has a legal obligation to you, regardless of the fact that you are on a 457, fair work or work safe don't care what visa you are on Yes you are correct I can do that. BUT.... The guy is a micro managing control freak My boss is a man who told me during my Skype interview when I was in UK, great place to work, everyone is good to work with, there is no over time so we can all have a life, etc. Painted a lovely picture. When I started it didn't take long to figure out that 98% of the staff are multi cultural are arguing with each other. The place runs as efficiently as a £1 watch. Everybody does overtime (and does not pay O/T rate, cos boss made clear, you do O/T cos your inefficient at your job, why should I pay a rate). He employs staff on a full time basis, then when work load eases, he will inform them, they are casual's and let them go. He did that to my boy. He gone through at least 20 staff this year. I have had several run inns with him, because I am used to running a small paint shop on my own, now I am here I have to do everything his way (while he watches on his CCTV) or I get shouted at. He once told me my whole resume was made up so I could get into Australia and wing it. When I cc'd him in on an email to my former bosses explaining his comments he went ape ****. Told me he didn't say those things and that I have made him look like a fraudster. He has also once decided that I was not good enough to do the job so he tried to use immigration to get me out, he said immigration wanted financial records of my earnings for so so year to prove I worked for them. If you have those it shouldn't be hard to prove me wrong. I smugly told him to look at the references those same employers had to give immigration for me to be here. THEN.. when I went to have a work place assessment with my rehab provider he went straight into tell her how inefficient I am at my work. His mrs had to mention hmmm their here to assess us... I'd rather not go back as the guy is a F*CKING ASSHOLE..... Take a breath... Quote Link to comment Share on other sites More sharing options...
Nutnudger Posted July 25, 2014 Report Share Posted July 25, 2014 Well I would recommend that you treat this as two separate items or even three items 1, your on the sick and you need to get back to work 2, you need to look for another job there's no point walking out of a job if you don't have one lined up 3, your boss sounds like a right peach, if I were you I would be keeping a record of the issues your having with him, if your boss continues to make requests of you, you may want to consider asking him to put them in writing it could stop him from being a dick but could make it worse so it's for you to think it over. i gave the same advice to my Dad when he was having issue with his boss in the UK and asking his boss to put things in writing did the trick, becouse of course his boss started to look at the reqest his was making and didn't want to put them in writing this is what I would do but of course you need to decide on what's best for your self..... Keep us updated and best of luck Quote Link to comment Share on other sites More sharing options...
Druid Posted July 25, 2014 Report Share Posted July 25, 2014 Unfortunately that's the problem with the 457, your sponsor has you by the short & curlys, but it's your loss, given the circumstances I would not give him the pleasure of leaving voluntarily, you have got too much to lose, I would use him until you found another sponsor or got an alternative visa, as NNudger says, get him to put everything in writing in the future, get work safe involved in your work place accident, give him as much he'll as he gave you, remember, he can't fire you now due to your accident, he has to tow the line or he will be in for an astronomical fine & still reimburse you, string him along until you can find an alternative Quote Link to comment Share on other sites More sharing options...
deanandkay Posted July 26, 2014 Author Report Share Posted July 26, 2014 Thank you all for your input. I have had no intention of leaving my job. I was curious as to why he has not fired me and made it formal, then I remembered a conversation I had with boss when he collected me from airport. The previous manager stepped down and he wanted me to fill the role from the outset. I was employed in UK as spray painter and my job role changed before I started my first day in OZ. After some time on the interweb, He has breached Reg 2.86 of sponsor obligation. He knew it. BUT he doesn't know I now do. I used it a couple of times to my advantage by pushing him a bit further into the red mist, when he was voicing off at me, "so shall go home or shall I go to work?" All "run inns" and bullying have been documented and dated ready to hand onto my work comp lawyer. I have every intention of playing by the book while building a case for bullying, breach of 2.86, no super being paid, against him. Next problem could be applying for PR visa. I don't have enough points. Do you think immi will show leniency due to circumstances? Quote Link to comment Share on other sites More sharing options...
verystormy Posted July 26, 2014 Report Share Posted July 26, 2014 I think you really need to look at options for getting your own PR. I would have doubts that he will later sponsor. I would run your case past Go Matilda and they will do a free assessment of your points. There are often points to be found where people didn't realize such as high scoring ILETS or state sponsored. Quote Link to comment Share on other sites More sharing options...
Druid Posted July 26, 2014 Report Share Posted July 26, 2014 Thank you all for your input. I have had no intention of leaving my job. I was curious as to why he has not fired me and made it formal, then I remembered a conversation I had with boss when he collected me from airport. The previous manager stepped down and he wanted me to fill the role from the outset. I was employed in UK as spray painter and my job role changed before I started my first day in OZ. After some time on the interweb, He has breached Reg 2.86 of sponsor obligation. He knew it. BUT he doesn't know I now do. I used it a couple of times to my advantage by pushing him a bit further into the red mist, when he was voicing off at me, "so shall go home or shall I go to work?" All "run inns" and bullying have been documented and dated ready to hand onto my work comp lawyer. I have every intention of playing by the book while building a case for bullying, breach of 2.86, no super being paid, against him. Next problem could be applying for PR visa. I don't have enough points. Do you think immi will show leniency due to circumstances? Be carefull with the super issue, super is paid something like 3 months in arrears, I'm not sure of the regulations regarding employer super, but my boss is always months behind on my super payments, I found this out when I recently made some changes to my super. & found out that he hadn't actually paid in, I queried it with him and he basically told me he only had to make a couple of super payments a year Quote Link to comment Share on other sites More sharing options...
deanandkay Posted July 28, 2014 Author Report Share Posted July 28, 2014 I think you really need to look at options for getting your own PR. I would have doubts that he will later sponsor. I would run your case past Go Matilda and they will do a free assessment of your points. There are often points to be found where people didn't realize such as high scoring ILETS or state sponsored. I have no doubts that if I had of stayed long enough to apply for PR after two years, he would have let me down. Got the ball rolling with Go Matilda. Thanks for your advice. Quote Link to comment Share on other sites More sharing options...
deanandkay Posted July 28, 2014 Author Report Share Posted July 28, 2014 Funny you say that about the super. I had a text from a work colleague on Saturday morning, saying that he received a letter from Australian Super letting him know that boss had not been paid super since June 2013 and his income protection insurance had run out because of it. Today is the cut off date for next batch of super to be paid. I will check tomorrow. Hopefully I wont have to lodge a complaint with them, and tell them to go get my money. Quote Link to comment Share on other sites More sharing options...
Rossmoyne Posted July 30, 2014 Report Share Posted July 30, 2014 Funny you say that about the super. I had a text from a work colleague on Saturday morning, saying that he received a letter from Australian Super letting him know that boss had not been paid super since June 2013 and his income protection insurance had run out because of it.Today is the cut off date for next batch of super to be paid. I will check tomorrow. Hopefully I wont have to lodge a complaint with them, and tell them to go get my money. To cover yourself, contact him by email and then ring him..... the email will prove that you are aware of the issue, and even if he does nothing, it will still be good evidence for you.... Send the email with a read receipt too so you can prove that he at least received it even if he didn't read it!! What a plonker of an employer you have.... so hope it all works out for you... Quote Link to comment Share on other sites More sharing options...
deanandkay Posted July 31, 2014 Author Report Share Posted July 31, 2014 To cover yourself, contact him by email and then ring him..... the email will prove that you are aware of the issue, and even if he does nothing, it will still be good evidence for you.... Send the email with a read receipt too so you can prove that he at least received it even if he didn't read it!! What a plonker of an employer you have.... so hope it all works out for you... He doesn't have clue, AND apparently he is unable to acquire a clue even when handed to him in very large portions - he is a ****wit.... Quote Link to comment Share on other sites More sharing options...
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