Migrant Worker in Sydney Recovers Unpaid Wages After Being Underpaid for Years
Jerry, a 28-year-old migrant worker from India on a student visa, was working at a small Sydney accounting firm when he was suddenly made redundant. He was shocked to discover that he had not only been underpaid by more than $7,000 throughout his employment but was also owed about $2,600 in severance payments.
Initially, Jerry was hesitant to raise the issue of pay due to fear of receiving a bad reference from his employer. However, after researching and seeking advice, he learned that the minimum wage applies to everyone, including student visa holders.
With the help of the Redfern Legal Centre, Jerry was able to recover the nearly $10,000 owed to him. The legal center has seen a surge in requests for assistance for employment law, driven by factors such as the rising cost of living and the introduction of the Workplace Justice Visa pilot.
The Workplace Justice Visa allows migrant workers whose visas are expiring to obtain a new visa specifically to pursue a workplace exploitation claim. However, the Redfern Legal Centre, one of the few accredited third-party providers to certify these visas, is calling for more funding and a wider range of accredited organizations to better serve migrant workers.
The Migrant Justice Institute also emphasizes the need to expand the list of partner organizations able to process claims and include gig workers under the visa pilot. Currently, gig workers who are misclassified as independent contractors are not eligible for the visa.
The Department for Home Affairs maintains that gig workers and subcontractors are not prevented from applying for the Workplace Justice Visa if they have been misclassified. However, the government has no plans to expand the list of accredited third parties at this time.
This case highlights the importance of raising awareness about minimum wage rights and providing accessible support to migrant workers facing workplace exploitation.