lilly07

hi there
we have a issue landed here dec 09 started work jan 6th 10, we are on RSMS visa, our employer has changed how much my hubby is paid by 20% and now tells us there is no bricklaying work for him so he wont be able to make what he was promised in the contract nor undertake the position that the employer nominated him for... he wants him to sweep up and do tiling and capentry instead...
This morning after asking why this was now the case the employer got physical and verbally abusive...
What do we do... can anyone help us, we cant work for this man and dont want to go back to the uk as most aussies have been so kind to us...

can my husband work for someone else? he has had job offers but we dont know what we should do or if we should tell diac whats happening to us.

will they send us home? so upset...

Dorothy

Have you contacted the police about the physical assault? Have you contacted employment standards in your state about the change in contract?

Ozwanderer

If you used an agent to do the RSMS for you, I'd make contact with them for they may be able to advise on what is the best course of action.

I have read of immigrants on it was either an RSMS or a 475 having concerns on being located to a climatically harsher part of the state and there was representation to the employer, a state wide entity and a better location resulted but no rference back to DIAC in that situation.

You may find that the stance that DIAC take will be the details in contract of work and an employer not abiding by it are not so much of their concern unless an employee ceases work and they'll not give much in way of comment unless that happens.

That said and especially because of your application declaration
an agent may recommend you do whilst still an employer document the situation and advise DIAC.
Personally, if it was me, I would with or without an agent do that.

If you have joined a union as part of your employment, I'd also think contacting them would not be to your disadvantage and if having a contract, it may be necessary to seek legal advice re the employer breaking the conditions of it.
The governement has introduced it's Fair Choices or whatever it is called new workplace industrial legislation as of January amd unions, legal people or even DEEWR may be able to advise on the process re work conditions that need to be adhered to.

January 06 to now is a mere two weeks and so it is important that you get the matter accurately documented.

The RSMS is a PR and though in the declaration it says a visa may be cancelled under certain circumstances, DIAC do not lightly cancel PR visas and they will look closely at any situation of a RSMS holder leaving a sponsored position to review the circumstances that have brought it about.

If you have offers of work in the same or another regional area, that'll only be to your advantage though I suspect DIAC would want to see that every effort had been made to continue with the employer.

lilly07

We did not call the police because we did not want to then get a name for us being winging poms... and I will check the employment standards issue.

We have already been offered another job by another company so could be working still just not for the nominated person... to be honest I think its been a lot of silliness and mis understanding, but we have moved 1000's miles and feel quite vunerable.

Dorothy

Why would you care if you're called a whinging pom? Your husband was assaulted and he's going to let the guy who assaulted him get away with it so he can do it to the next guy. Don't you think a police report of the incident would be helpful to your cause if DIAC gives you grief?

Ozwanderer

I suppose only you can decide on just how much silliness or seriousness there is and though you have moved half way around the planet, looking at matters from both sides can always help, ie.

Is the employer like a lot of smaller contractors on leaner times and struggling with ammount of work about.
If that is the case, it is usual for a bit of give and take between employers and employees and often is the case where that does not occur, it can become well my business is just closing it doors.

There is a history within the bilding industry of developers running into financial strife and then some of the people hardest hit can be the contractors for not only can their work dry up instantly, they may also be many thousands, even tens of thousands $$$$ out of pocket re payments owned by builders/developers.

So the employer could also be suffering re cash flow for his business.

lilly07

He's not in trouble work wise, he has just let us know that he does not do bricklaying as a main part of his work, but that should have been told to us way before now then the issue of giving us work that was not within the job discription could have been discussed... ie we could have let him know that tiling can be done but its not wat we are good at and sure we will try our hand at carpentry but again we really haven't done that before, but if the wages reflected work he is not a expert in then that should have been explained and was not, we went today with a discussion in mind of ok, is there a way we can find some bricklaying work and look we are not experts in what you want us to do so will have a go... i dont know its lack of communication but then to start man handling was not nice and swearing at someone aint nice when your just trying to find out what work you will have to expect.. it could of been handled better.

If he was not able to give work in my husbands chosen trade he should have said on arrival so we could have made other plans... not just string us along, or even before we left then we could have found a company that needed us more..

All we want is to get on and work bricklaying in a lovely country without hassling anyone or anyone hassling us (for a change)... not too much to ask... and like i say I am being diplomatic as i to believe there are two sides to everything... but things are best discussed... he just seemed unable to communicate the issues...

blooming men!!!

the art of the spoken word with expletives is being lost... if we can get another job that would be grand... we did the visa process on our own back so just want to keep going and not give up... one door closes another opens just want to make sure we are allowed to walk through...

wilson01

I agree with Dorothy, if this person has physically and verbally abused you once then there is a possibility of him doing it again, thus making working for him unbearable and unacceptable. I would do everything I could to have a strong case should DIAC intervene. I would report this abuse to the police asap.

Best wishes

lilly07

Hi there some may have seen my other thread, we would like to know that we arrived on a rsms visa for bricklaying for a company, they have broken the contract.

What we need to know is:-

1. do DIAC ever check up in the 2 years your in the country
2. If you moved to another region how would DIAC ever know?
3. Since the hubby is a contractor to this guy can he work for another builder as a bricklayer without involving DIAC...

thanks for the help....

lilly07

I have opened another ticket in the hope we dont have to go down that route... the problem we have is this town is small and he could stop us getting other work if we kicked up a fuss... plus he knows my family and i dont want life to be difficult for them...

thanks everyone for your support... just dont want to leave australia just because of this man...

JAJ

probably best to keep it on one thread:
http://britishexpats.com/forum/showthread.php?t=649816

JAJ

Do bear in mind that "this man" went to the time and trouble of sponsoring you to migrate to Australia, so you should probably try to give him a little understanding.

It wouldn't hurt for you to have a consultation with a good immigration agent (eg George Lombard) in Sydney ... DIAC will never commit to not cancelling your visa. But if you make a good effort to fulfil your commitments (with documentation) and if all goes wrong, stay in the area or another regional area, I have not yet heard of any RSMS visas cancelled.

lilly07

Thats the thing even this man has changed the role and wages and then verbally and manhandled my husband we still have email and left 3 tel calls with him to get stuff sorted and trying to eat humble pie cause the hubby walked when he got physical... we are trying our hardest to get them to talk so we continue the employment even though it would be uncomfortable as his sons are the young spiteful sort that will make comments... but even saying that we would work for him just to keep the visa for 2 years of hell...

I just can't believe we have come from a hard time in the UK straight into a hard time in Australia... I am sure someone hates us!!!

Pollyana

I'v merged them - makes it easier to follow for those trying to help

Ozwanderer

Lilly, if you say your husband has walked away from the job [ and from what you say, that's understandable but it was not completely clear with your earlier posting whether that had occurred] , I'd not be surprised if an agent did recommend the very first thing to do is notify DIAC for two very good reasons:
1. Not continuing with that employment is something that should be immediately advised to them.
2. You need to get your story into them rather than they hearing of this from the employer.

There should have been a detailed contract of work that the RSMS is based on and a regional authority certifying the work and so some good documentation should be possible.
You also mentioned earlier that your husband is a contractor to this employer and I'm not too sure how that sits as in employer sponsored visas, the word is employment and not contracting.

I know if I was in your husbands shoes, if reconciliation was proving difficult and I had cesed working for the employer, I'd be getting DIAC notified earlier than later and they may even be able to nominate a conciliator.