Negative experience in Aus

[SASydneysider]

A while ago, an ex work colleague in SA asked my hubby and I if we could give her borther some info on Aus. Her brother was thinking of moving to Aus after reading an ad in a local newspaper in SA where an Aussie farmer was looking for a farm manager.

The brother was a farm manager on a farm in Malelane. This farm bordered on the Kruger National Park and the farm has now been put up for redistribution by the SA government.

After many emails and phone calls, and with us assisting as much as possible, the brother, his wife and their twin sons arrived at the farm here in Queensland.

The first disappointment was that the house was not even in a living state when they arrived. There was no furniture, not even a bed or curtains in the house. This they were promised would be there when they arrived. The owner of the farm lives on another farm in New South Wales, so it was quite a thing to make contact with him. With no car and no place to live, the best they could do was to book into a hotel in the nearest town until they could get things sorted out.

Eventually the house was sorted out with lots of effort from the SA couple themselves to try and make it liveable. The house was not what they were told originally it would be, but they accepted it and continued to try and make the best of it.

Last week their container arrived from SA and it was also the time for SA guy to get his first pay in Aussie Dollars. What a disappointment awaited them! The farm owner did not pay him and only after the SAfrican guy asked him serveral times, did he get payment. The next shock awated them in that the salary that was paid to him was not what was agreed on before they left SA.

It turns out the Aussie farmer has misrepresented many of the facts to them. Here are a couple:

1 Salary was not received on time.

2 Salary was not the amount they agreed on.

3 The Aussie farmer is now trying to pay him an hourly rate instead of a weekly flat rate as agreed.

4 Free Fuel was agreed on which the the Aussie farmer now denies he agreed on.

5 The house they were promised would be a 4 bedroom house with a garage and a workshop for tools. It turns out the house has no garage or workshop and is only a small 2 bedroom cottage.

6 The tar road to the bus that takes the children to school is not 12 kms away but 25 kms away. This means they drive 100 kms a day to take and fetch the children instead of 48 kms.

The farmer had gone back on his word in many instances and also misinformed them about many things. Fortunately the couple had all the emails where he had promised them what would be included in the salary package. At this point it does not seem like all the issues will be resolved.

Unfortunately, there does not seem too much they can do about it right now as the farmer has sponsored them and they will have to work for him for the next 2 years.

Apologies for this long posting, but I hope this might assist other SAfrican farmer managers coming over to Aus.

Are there any other people who have experienced something similar?

SAS

[Dreamcatcher]

Hi there,

I'm so sorry to hear of these peoples' unfortunate circumstances. I also come from the Onderberg area, so it feels like they could be family!

Maybe they should try and contact DIMA as soon as possible. Please look at the following link: http://www.immi.gov.au/migration/temporary...ns-employer.htm - it explains the employers' obligations to the employee, and it sounds to me that this guy is not living up to many of these. Maybe they can find another sponsor?

My heart goes out to them. We all take quite a gamble coming out here, and for the most of us, it works out well. Unfortunately some get the bad end of the deal.

Please tell them I will be praying for them with all my heart. Sometimes miracles happen.

Greetings,

Dreamy

[Harry]

Hmmm....even though Australia was populated originally by you-know-who, they have since got themselves sorted out and subscribe to the Rule of Law. I would imagine there are attorneys in rural Queensland?

This is obviously abuse. This is why one does LSD trips, even if they cost too much money.

[alsgal]

What a dreadfull situation to put a family in. This guy (employer) should not be allowed to get away with what he is doing and should be reported to DIMA as soon as possible.

Really hope that they manage to get things sorted real soon.

[sa2auz]

Hi there

Well sounds to me like this guy needs to look for another farmer in the area to sponsor him. If he has enough points he could apply for general skills visa. Maybe another solution would be to chat to an immigration agent and find out what other solutions there are to the problem. As far as I know there is a minimum wage on sponsorship visas so they should check that out. I suggest that anyone else there getting sponsorship should make sure a proper contract is drawn up. Also one needs to remember that although Australia is an amazing place you are going to get people who will take t heir chances and not stick to their word just like anywhere else in the world.

Best of Luck

[SASydneysider]

Please look at the following link: http://www.immi.gov.au/migration/temporary...ns-employer.htm - it explains the employers' obligations to the employee, and it sounds to me that this guy is not living up to many of these. Maybe they can find another sponsor?

Hi Dreamcatcher, Thanks for this link - I've emailed it to them.

Thanks to all the other people for their contribution.

Cheers

SAS

[Mara]

Hi SASydneysider

What kind of farming was your friend involved in? I am employed in the dairy/beef cattle industry, if he has experience in this field, I could put some feelers out for him for other employement with the contacts that I have.

If he has the necessary experience and he is interested, please check with him whether it would have to be in Queensland or whether he would be prepared to move states.

Also, the advice you have been given to check with Dima, excellent idea to do so. My husband's company brought in a young artisan from SA and there were some very strict rules that they have to adhere to. Especially if he has the emails, the farmer could be in real trouble.

Good luck!

[chatterbug]

Hi SAS,

This is very cruel - but I think he (and his family) should no longer be the victims here. If the info you have given us is correct (remember there are always 3 sides to a story - his side, the farmer's side and the truth!) and he has some proof of the "agreement", like emails etc - then he should take it further and not assume that he has to carry on just because he is sponsered by the "farmer".

This sounds like someone preying on the "vulnerability" and "possible desperation" of others. This should not be tolerated and I'm sure if he even went to the Industrial relations commission (don't know which one has jurisdiction - federal or the state one - bit it shouldn't be to too difficult to determine) in addition to alerting DIMIA he could lodge a case against his "employer" witout too much trouble.

Anyway my point is that this is a first world country with many workplace laws to protect employees - the workplace regulations, systems and Industrial commissions are generally efficient and cases like these should not be left without being answered. Even if nothing works, I suggest that, as a last resort , they contact a TV program like "a current affair" or "today tonight" - I'm sure they'd love something like this and you're sure to see some action after this.

Tell them to pick their heads up and to "put up a fight"! This is not Africa where these issues will fall on death's ears!

I'll hold thumbs for them....and please keep us updated!

BUG -ger that!

Edited June 3, 2006 by chatterbug

[SASydneysider]

Hi Mara, thanks for trying to assist. As far as I know he is the mechanic on the farm. The last farm they were on in SA was a mango farm. The farm they are on now is a cattle farm. I don't think they will have a problem moving states. Whether they would be able to afford it is a different story! I will find out more detail from them and let you know.

Hi Caring Bug, it is not easy when you are new in a country, sitting out in the sticks to find out what the laws of the country are. I really feel for these people.

I was a little concerned about them because I haven't heard from them for a while so dropped them an email earlier this evening.

This past week, the farmer came around with the mechanic from his other farm in NSW and these people had to put up this person in their home. They are still in the process of getting themselves organised as their container only arrived a short while ago. They barely have space for themselves, but the farmer just expected this without any prior arrangement. A bit of an invasion of privacy!

To make matters worse, the farmer short paid the guy by $608!

It really doesn't sound good ....

SAS

Edited June 3, 2006 by SASydneysider

[chatterbug]

Hi SAS

If he is a mechanic at least it should be easier for him to find other options! There is a shortage op tradespeople in Queensland. These types of things makes by blood boil. This farmer is really pushing it!

Anyway sounds like he has just arrived! Is he desperately wanting to get away there or out of the situation or is he going to try and stick it out? Do you know? Sounds like they have email/internet if so they'd be able to get some info/help etc. ? Anyway someone on this forum should be able to help out!

C'bug

[SASydneysider]

Hi Bug a lugs,

From what I can pick up, these people are weighing up all the things at the moment - they're not sure if they should try and make it work or move on. I don't want to influence them either. Whatever their decision, they need to make it themselves. We can only be there for them to assist with honest advice where we can. What I did do, is tell them to have an official contract drawn up if they decide to stay at the current farm.

SAS

[Mara]

I do understand that they are in the sticks, however, I presume they had an immigration contact person at DIMA when they did their work permit? How did they get their documents to Australia, did they not have email or telephone contact with somebody at DIMA. If they did, this is the person that they want to contact, by telephone, by email, by whatever means. As a mechanic, he should definitely not have a problem getting another job. He needs to check with DIMA what his options are and only then can he make an informed decision. Unfortunately, my contacts are for the farming side, not the machinery side. If there is anything else I can do to help though, I am willing to give it a shot!

[Dreamcatcher]

I khave heard that Workpac here in WA is looking for people, and they do sponsor as well. Maybe your friends should contact them, it may even be easier, seeing that they are in Aus already? It might not be a position in farming, maybe mining, but if they're interested, it is worth a try.

Greetings

Dreamy

[SASydneysider]

Thanks for all the advice. I've passed this on to them.

It now turns out that their representative at DIMA is a house friend of the farmer and they don't want to risk talking to him.

They have decided they will stay put and give it another chance and see how it goes. For their sake, I hope they can get things sorted out with the farmer.

SAS