Emmanuel had travelled to Australia on a working holiday visa. He was interested in finding a job that required travelling the country. He was successful in his application for such a position and understood from the employment contract that he was required to undertake training in order to do the job. Following the completion of the training, Emmanuel understood he would begin his working holiday journey across Australia.
On the final day of his training, our Emmanuel was dismissed from the position. He had a basic understanding of workplace rights and sought legal advice regarding his dismissal. Emmanuel told RLC that he had previously approached a manager outlining his concerns during the training period that he was being paid less than the minimum wage.
He believed his dismissal was directly related to the fact that he had exercised this workplace right.
RLC assisted Emmanuel to lodge a General Protections complaint with the Fair Work Commission, as per the Fair Work Act 2009 (Cth) ss. 365 and 372. The matter was resolved through a conciliation conference at the Fair Work Commission.
Part of the importance for this case for RLC is that it highlights the need for foreign workers to have recognized and understood their basic workplace rights in Australia. In this case, if Emmanuel had not understood the relationship between his exercising of a workplace right and its role in his subsequent termination he may never have sought legal advice from RLC’s employment service.
Since resolving this matter, RLC is determined to continue working with foreign workers and increasing understanding of their workplace rights.
