gsmemon

Hi, I am here on a Student Visa in Melbourne. I have been working with a Marketing company since last 6 months, first i used to work on casual projects and then from August 2007 i have been offered to work for Permanent Part Time Position on Foxtel Kiosk Project. I have started working on Foxtel Project from end of august that is including the training session. I started my job from 02-sept-2007 and after working for 2 months I asked for a unpaid leave for 5 weeks to visit my home country for some personal reasons. My State Team Leader was unhappy with it but he granted me the leave and gave me working hours in the month of December. As I returned I resume my job from 08-Dec-2007, all was going well but on 18-Dec-2007 my Kiosk Manager which is an Indian was giving a presentation to a customer and he wasn’t able to explain it properly to the customer so I went to help him and tried to join him in his conversation and as the customer left my manager start abusing me in Hindi and on this I called my states team leader and told him about the behavior of my Kiosk Manager, so my Kiosk Manager start pushing me and snatching the Mobile phone from my hand as I tried to stop him from doing it he got a slight scratch on his arm with my nail. When I told the whole situation to my States Team Leader I didn’t get any positive response from him all he said to me was that he will talk to the Kiosk Manager and after that I haven’t heard any thing from him. I have been disturbed since then and I am not getting any working hours in the month of January because my state team leader says that I have taken 5 weeks off. My weakness in this case is that, I am working over my work limitations.. I am very depressed. My states team leader and HR department knows that I am here as an International Student. They had given me the working hours with their own will, so I need a suggestion from you. What should I do in this case. Should I take them to the court and sue them for assault or I should start looking for a new job.

Dorothy

Look for a new job. Do you want to work for someone who treats you this way? Besides, you said it yourself'; you're working over your allowed hours. If you go to court it will come out that you are breaching your visa conditions and you face the risk of your visa being cancelled. Cross your fingers that your manager doesn't have you charged with assault for the scratch.

The Bloke

My thoughts are that you would be better off out of there. As for the "alledged" assault, I take it there were no other witnesses, and I would assume a lack of physical evidence, so it maybe your word against his. I assume that the institution you attend may have some form of legal advisors or lecturers. They maybe able to give you proper advice or contact your local police station.

phats n small

Sorry to hear about your predicament. Your account of the scratch should be recorded physically i.e in writing a log or something similar. A scratch on an arm is of little consequence but if pursued by a complainant can cause you trouble. However a scratch on his arm is hardly an assault. An open attack (assault) is a punch to the face, pushing you over. If you wanted to hurt someone would you really give them a minor scratch on the arm or would you club him one to the mush. Don't blow it out of perspective but do cover your arse. Recording your account in appropriate place for later reference is the best way. Personally I would look for another job and not worry about this situation.

Centurion

Just get a new job. Who the hell would want to work in that environment and legal action for that sort of thing is just plain silly. Frankly from the sounds of it I'd rather work in Maccas.

Timber Floor Au

a. get a new job
b. be careful with your visa
c. going to court, will mark you down as trouble for future employers
d. you may get more than 5 weeks unpaid leave, from Australian Govt. if they find you have breached your permit.

1. follow the rules
2. speak in a language that if you do get abused, then witnesses can witness it, and understand it , may help.

Good Luck

augigi

I didn't see anywhere that you were assaulted. I did see that you were yelled at, and that you may have battered someone else.

What is your dilemma here?

Just leave and get another job - which is actually legal according to your visa conditions. If you cannot afford to live on the correct working hours, you should not be here on a student visa and may have to consider going home.

FluffyTheCampfireSlayer

I say, take it on the chin and look for a new job! It's obvious from what you say that your time there is over. Suing is going to bring you very little - if anything. In fact, I suspect you may well lose out in the long run!
C'mon...seriously you are working over your limitations in a casual (ish) job.......move on!

FluffyTheCampfireSlayer

Couldn't agree more - there are people that have sweated blood and tears to be here - legally! If you can't abide by the rules k'off home!

jatman

I agree with the overall advice above. Start looking for work immediately and learn from what has happened. It is unlikely you will have much success in a legal dispute.

Finally do not let the experience affect you - its not worth getting into a deep depression...you have the rest of your life to get on with. start finding things to do and feeling positive about yourself again. DEPRESSION is a disease dont let this be the start of it. Everything in life happens for a reason!!! start planning ahead!

Hope this helps - Good luck

Timber Floor Au

How , seriously now, could you file for assault, for a scratch?

I remember at work, we used to staple each others hands to the desk !!

For FUN !!

FluffyTheCampfireSlayer

How tame! I could tell ya stories of things we used to do 'for fun' that would make you vomit and/ or pass out!! LMAO

Pollyana

Didn't know you worked in my old office?