Friday, 11th of September 2015

 

Issue #1 September

 

TOP STORY

Foreigner workers pay scam
 
 

ISSUES OF THIS MONTH

7 Eleven Half Pay Scam Exposed

 

Abbott Government Agrees to Resettle 12,000 Syrian Refugees in Australia

 

Real Estate Company Compensates Rival for Client Breach

 

Cautionary Tales: Student Visas

 

Federal Circuit Court Judge Accused of Bias After Rejecting Hundreds of Migration Cases

 
 

7 Eleven Half Pay Scam Exposed

Australian retail giant 7-Eleven has been found to be systematically paying its workers about half the minimum wage at stores around the country.

A joint Four Corners and Fairfax investigation has uncovered evidence of collusion between some of the owners at hundreds of stores across multiple states.

Former employees have told of being made to work twice as long as expected at half the rate of pay, with some earning as little as $10 an hour.

Internal company documents show that as recently as August this year, 7-Eleven reviewed the payroll at 225 stores and found 69 per cent had ongoing payroll issues.

Internal company documents show that as recently as August this year, 7-Eleven reviewed the payroll at 225 stores and found 69 per cent had ongoing payroll issues.

It is the first in a series of reports that will expose the breadth of wage fraud within the massive network of stores.

Documents show franchisees are continuing to ignore the law and underpay staff, even after being brought before the courts.

The Fair Work Ombudsman recently launched an investigation into the wage fraud across 7-Eleven stores — the third such investigation in six years.

In September 2014, the Fair Work Ombudsman raided 20 stores in Melbourne, Sydney and Brisbane and found three out of five stores were underpaying staff.

The office is expected to release a report later this year.

While in Australia, students are only allowed to work 20 hours a week.

Many workers have told the ABC that they would be forced to work 40 hours and paid for only 20.

So while their base wage is $24 an hour, they would effectively only receive about $12.

Many others did not receive penalty rates and were threatened with losing their visa if they complained.

 
Click here for 20 Minutes Free Consultation

Abbott Government Agrees to Resettle 12,000 Syrian Refugees in Australia

Refugees from Syria to Australia

Australia will permanently resettle 12,000 refugees from Syria, and begin air strikes on Islamic State targets within the week, Prime Minister Tony Abbott has announced.

Speaking a short time after Coalition MPs met in Canberra on Wednesday to discuss the government's policy, Mr Abbott described the commitment to take in 12,000 refugees as one of the world's largest to date.

He said women, children and families from persecuted minorities sheltering in Jordan, Lebanon and Turkey would take priority.

"I do want to stress, women children and families - the most vulnerable of all," he said.

He denied there would be any preferential treatment given to Christians over Muslims despite reports of some backbench anti-Muslim sentiment. "It's those who can never go back that we're focused on," he said.

Mr Abbott said Australia would "move quickly" to resettle refugees but they would be subject to standard security checks.

The government will also spend $44 million supplying 240,000 refugees with cash, food, water and blankets in Lebanon, Turkey and Jordan.

Declaring the need to act "with our heads, as well as with our hearts", Mr Abbott said air strikes would target Islamic State targets in eastern Syria.

 

Real Estate Company Compensates Rival for Client Breach

Real Estate Company Compensates Rival for Client Breach

A Queensland real estate agency has been compensated after a former star salesman who resigned to join a rival company was caught poaching clients and stealing confidential information.

NB Lawyers Principal and Director, Jonathan Mamaril, said the matter, which was settled out of court, highlighted the need for companies to have carefully drafted employment contracts in place for staff and policies directing employees about the specific use and handling of confidential information.

Mr Mamaril said the issue was particularly pertinent to the real estate sector where there was a great deal of movement of staff between companies and confidential client databases were crucial to the business.

"We recently had a matter in Queensland where a high performing salesperson resigned from their position and went to a direct competitor of our client the very next day," he said.

"The former employee took specific client details and confidential information belonging to their former employer with the intent to provide this to his new employer."

"The former employee provided a particular client to their new employer which was at the value of $14,000 in commission. However of greater importance to our client was the potential poaching of further clients with the confidential information the former employee had in their position."

Mr Mamaril said in this case there was an employment contract in place with a reasonable restraint of trade clause which allowed NB Lawyers to draft a letter to the former employee and their new employer in relation to the breach of employment contract.

"After some negotiation the outcome was our client received a signed undertaking from the former employee that they would not use any further confidential information and the firm was compensated for the lost commission," he said.

Mr Mamaril said in order for companies to better protect their business from the misuse of confidential information they should:

  • Ensure they have properly drafted employment contracts in place with robust confidential information and restraint of trade clauses;
  • Securely store and maintain your confidential information;
  • If you allow your employees to store information on their personal computers to do so by remote access which only you can control;
  • Have a clear procedure in place with your employees in relation to the storing and handling of confidential information; and
  • In the event of a breach of employment contract, acting on this immediately.

Further inquiries:
Jonathan Mamaril
Principal & Director, NB Lawyers
07 3876 5111
jonathanm@nb-lawyers.com.au
LAWYERSFOREMPLOYERS.COM.AU

 

Cautionary Tales: Student Visas

Cautionary tales for Australian Student Visas

If you are currently on a student visa or thinking about studying in Australia, there are certain requirements and rules that you must do in order to not be in breach the conditions of your visa. We explain some of these important rules below.

Stopping your studies

If you are on a student visa, you must continue studying. Studying includes attending your classes and handing in your pieces of assessment. If you don’t you could find yourself in a spot of trouble. However if you are unable to study due to reasons beyond your control, there may be possible exemptions to this rule.

Fast Tracking your Degree before your Student Visa Expires

If you are currently on a student visa and are fast tracking your degree, what happens when you finish months before your student visa expires? Are you breaching your visa conditions by not studying anymore?

Once you have finished your studies, it is your education institution’s duty to let the Department of Immigration know that you have completed your studies. If you have completed your student visa well before the expiry date of your visa (more than 3 months out) you will need to ensure you have other options available to either stay in Australia and continue on another visa or leave Australia. Other visas that you may be eligible for once you finish your studies is a temporary graduate visa, another student visa or even a working visa. Be sure to talk to your Migration Agent about the options available to you and ensure you are not breaching your visa by not studying.

Working

As a student on a Student Visa subclass 571,572 and 573 you are subject to only working 40 hours per fortnight whilst you are in your study period. If you are on holidays or break you will not be breaching your work requirements if you worked full time during this time only. However once the break is over and you start studying again you must only work for 40 hours per fortnight. Even if you have a partner and they are added on as a dependent onto your student visa, they also share the same restrictions as you. If you are on a 574 you have full work rights. Remember you cannot work before your course begins.

This information does not take into consideration your personal circumstances, if you have any queries about your student visa, please feel free to contact us:
Email: service@noborders-group.com
Phone: +61 7 3876 4000

 
Click here for a Free Detailed Visa Assessment

Federal Circuit Court Judge Accused of Bias After Rejecting Hundreds of Migration Cases

Federal Court Australia Judge accused

A Federal Circuit Court judge Alexander Street from one of Australia's most famous legal families has been accused of apprehended bias after he rejected more than 250 appeals in migration cases in six months.

Rulings of Judge Alexander "Sandy" Street have been subject to several appeals in two recent cases in the Full Federal Court, which has strongly criticised the newly appointed Federal Circuit Court judge.

In a highly unusual move, applicants have presented statistics to support their allegation that those seeking a judicial review of migration decisions had virtually no chance of succeeding in Judge Street's court between January and June this year.

In the latest application, filed last week in the Full Federal Court, the editor of the Federal Court Reports, Victor Kline, has sworn an affidavit which alleges Judge Street found in favour of the Immigration Minister in virtually every case he heard between January and June this year.

Of 254 rulings delivered, Judge Street rejected migration appeals in 252 cases.

Judge Street has been the subject of pointed criticism in two successful appeals of his decisions in the Full Federal Court in which the judge was found to have denied litigants procedural fairness.

In one case, an unrepresented Tamil asylum seeker told Judge Street that his younger brother, younger sister and her husband had been killed in Sri Lanka.

"The police will be targeting me as I was seen as being opposed to the police," the Tamil man told Judge Street.

"I plead to this court that I have come here to seek refuge and protection, and therefore, I urge this court to grant me protection and allow me to stay in this country."

In response, the judge asked the Tamil man to identify why there was a jurisdictional error in his case.

In that case, lawyers for the Immigration Minister had cautioned against the summary dismissal of the Tamil man's case, stressing the duty of the Minister to put evidence before the court.

The man's immigration file had not yet been obtained. But the judge did not accept the Minister's counsel's entreaties, summarily dismissing the case with costs.

 
 

We hope that you have found the information in this issue of our newsletter to be enriching and useful. Stay tuned for our next publication and if you would like to talk to us directly, please do not hesitate to email service@noborders-group.com. In addition, if you would like your contact details updated or removed from this distribution list or you know someone who would like to be added, please email us on the same address.

"The only limits to being the person you truly want to be are your own self-limiting beliefs and thoughts. In every moment, you have the power to choose your life"

 
 

No Borders Group

Email: service@noborders-group.com
Phone: (+61) 07 3876 4000

 
 

NO BORDERS Universal Migration
Level 4, 20 Park Road
Milton 4064
Queensland
AUSTRALIA