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Taken off the roster

By realocal - 4 February 2014 57

I would love some advice if anyone can help.  I am asking on behalf of a friend of mine – he is an employee of a company that is contracted as a security contractor to a business here in Canberra.

He also happens to be in the country on a student visa – one of the stipulations is a set number of hours he can work per fortnight allowing for time to attend Uni, study etc. All fine so far. New manager (ie the client) asks to see his visa (presumably to check conditions) and his Uni results. That seemed excessive – esp. the request to see his results. As he didn’t take proof of his academic results in, the client asked their supplier ie his employer to take him off the roster.

That doesn’t seem ethical – yet alone legal. Is it worth pursuing or does he just have to cop it? There are other colleagues who could be facing the same fate.

What’s Your opinion?


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57 Responses to
Taken off the roster
1
neanderthalsis 9:23 am
04 Feb 14
#

All perfectly reasonable. The request to see academic transcripts may have been to see what course they are studying and its usual duration and how far he has progressed through their course, or maybe they just wanted to see that they were employing someone with a bit of academic nouse. Also, a visa can be cancelled for poor academic performance. When you employ someone, generally you like to ensure that they will stick around for a while, having an employee have their visa cancelled a month or two after you hire them, train them and get them to the point where they can competently do their job is not really an entertaining prospect.

If he is employed on a casual contact, there is no guarantee or even obligation that the employer will provide him with regular shifts. Just because the student visa entitles him to work a maximum of 40 hours a fortnight, the employer is not obliged to give him work for 40 hours. He can have more than one job though, provided he does not exceed the 40 hours a fortnight.

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2
Stormfront Org 9:32 am
04 Feb 14
#

Fairly good chance that your friend is:

i- Indian

ii- Here to ‘study English”, yet doing EFF ALL studies (sadly, there are still many dodgy places offering “study courses”).

iii- There is a 99% chance that your friend is in breach of his student visa conditions (works excessive hours and really not attending the course).

I would like to request that you name and shame security company that hired your friend and “other colleagues who could be facing the same fate”. (Do they all have a valid Aus security licence, btw?). I find it both reasonable and ethical that a “client” requested to see academic results.

Pack him on a first flight back to Mumbai.

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3
NoImRight 10:01 am
04 Feb 14
#

Did they say why they wanted to see them? That may go some way to explaining it.

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4
Siren 10:12 am
04 Feb 14
#

Depends what kind of a contract your friend signed. If he’s agreed to comply with requests as a condition of his employment, and he’s failed to do so (not taking in his results) then that’s one explanation.

I’d ask your fried if he has had to sign a deed of obligation or similar contract that makes it a requirement for him to comply with such things as a code of conduct, drug testing, security clearances etc. This is something companies often have to comply with when tendering to Govt departments.

I don’t think it’s unreasonable to take someone off a roster if they don’t respond promptly to requests. The job market is tightening up. I know a person who was taken off the roster because ‘the Xmas rush is over’.

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5
laraeddy 11:15 am
04 Feb 14
#

Your friend might want to have a chat with the Fair Work Ombudsman (http://www.fairwork.gov.au/employment/casual-full-time-and-part-time-work/pages/casual-employees.aspx) to get a better idea of where he stands.

One thing that doesn’t seem clear is whether the academic results were ‘satisfactory’ – ie, was there a chance that the visa could have been terminated on that basis ? If not, or if the client didn’t really want to accept evidence of good progress, it may raise the issue of whether this was simply being used as a pretext to terminate the arrangement because of some other, actual, reason. No disrespect to people in the security business, but not sure what academic progress in a university course otherwise says about capacity to do the job – but then, you would need to know that actual position to make that assumption validly, one way or the other.

The other issue, assuming there was an ‘injury’, is what is the remedy ? This sort of stuff is precisely why there is so much concern around the place about the increasing casualisation of the workforce – it can leave workers horribly unprotected when it comes to the whims and vaguaries of the employer.

In good news, at least in this case it is the ‘client’ rather than the employer who has made the call – has your friend had a yarn with his actual boss – he or she might be as mystified by the client’s approach as your friend is.

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6
dtc 12:31 pm
04 Feb 14
#

The client is required to ensure that it is not hiring people in breach of their visa conditions. So I would think that showing proof of enrolment should be sufficient. Academic results show the same thing but I cant see are necessary.

Making an assessment of whether someone is likely to pass their studies isnt, I think, relevant to the question. People might leave employment for 100s of reasons, you can’t make an assessment of every potential issue.

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7
Antagonist 2:12 pm
04 Feb 14
#

“New manager (ie the client) asks to see his visa (presumably to check conditions) and his Uni results. That seemed excessive – esp. the request to see his results. As he didn’t take proof of his academic results in, the client asked their supplier ie his employer to take him off the roster.”

My first concern is that the CLIENT wants this information. The client is not his employer, and the reason for the client requesting this information is not given. It is personal information, and I would not give it out without the client providing a reasonable business reason for asking.

My second concern is the request for academic results. The academic results are not relevant to a client, and there are other ways to provide evidence of enrolment and attendance at university.

My advice would be to forget about it and move on. Does he REALLY want to work for this client that much? I most certainly would not. Move on to greener pastures.

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8
bigfeet 2:23 pm
04 Feb 14
#

Wow!

‘Stormfront Org’.

There goes the neighborhood!

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9
NoImRight 2:54 pm
04 Feb 14
#

bigfeet said :

Wow!

‘Stormfront Org’.

There goes the neighborhood!

Probably just a wannabe. Spelling is too good. The real ones are out somewhere ganging up on a schoolgirl on a bus I expect.

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10
Comic_and_Gamer_Nerd 2:57 pm
04 Feb 14
#

Stormfront Org said :

Fairly good chance that your friend is:

i- Indian

ii- Here to ‘study English”, yet doing EFF ALL studies (sadly, there are still many dodgy places offering “study courses”).

iii- There is a 99% chance that your friend is in breach of his student visa conditions (works excessive hours and really not attending the course).

I would like to request that you name and shame security company that hired your friend and “other colleagues who could be facing the same fate”. (Do they all have a valid Aus security licence, btw?). I find it both reasonable and ethical that a “client” requested to see academic results.

Pack him on a first flight back to Mumbai.

Source?

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11
colourful sydney rac 3:21 pm
04 Feb 14
#

right, so Stormfront is now posting predictable race bating rants here. Well done guys.

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12
Roundhead89 3:31 pm
04 Feb 14
#

Stormfront Org as a contributor? It never would have happened if JB was still here. Will they be RA’s new owners?

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13
colourful sydney rac 3:41 pm
04 Feb 14
#

Roundhead89 said :

Stormfront Org as a contributor? It never would have happened if JB was still here. Will they be RA’s new owners?

Stormfront used to appear in the pending comments but didn’t seem to get the race bating bile through JB’s watchful eyes.

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14
Walker 3:48 pm
04 Feb 14
#

bigfeet said :

Wow!

‘Stormfront Org’.

There goes the neighborhood!

And here comes the Blues-Mobile.

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15
Nylex_Clock 4:42 pm
04 Feb 14
#

Roundhead89 said :

Stormfront Org as a contributor? It never would have happened if JB was still here. Will they be RA’s new owners?

Yes, only some opinions are valid.

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