Rui came to Australia in 2018 under the Seasonal Worker Programme, hoping to save money and support his family back in East Timor. Like many workers, he had to return home during the pandemic, but eventually came back under the PALM scheme (subclass 403) to work as a fruit picker in Victoria. He was used to tough work, but he wasn’t prepared for what happened after he was injured on the job.
He still remembers the moment things changed.
“When I had the injury, I felt like my future would finish here. I couldn’t work anymore.”
Even though he told his manager he was in serious pain, he was told only to take it easy and have a painkiller. Rui kept working because he felt he had no choice, but the pain grew worse.
“I kept falling due to the pain. My colleagues would come to me and see if I was okay.”
A friend eventually took him to a clinic. He gave the results to his employer, hoping they would support him or help him make a WorkCover claim. Instead, Rui found himself pushed off the roster. One morning, when he came to start his shift, a team leader told him to go home, offering no explanation. A termination letter from HR arrived shortly after.
“Day by day it got worse with the pain,” he said.
“I didn’t have money, not even one cent. All the money I spent was for my health, and they did not reimburse me.”
Unsure what to do, he reached out to members of the Timorese community in Melbourne, who helped him speak with the Timor‑Leste embassy. With their support, he found a lawyer who began an unfair dismissal claim. As his visa expiry date approached, Rui feared he would be forced to return home before he could do anything about what had happened. His lawyer referred him to the Workplace Justice Visa, and Rui contacted the Migrant Workers Centre to help certify his application.
The six‑month visa extension gave him the chance to stay in Australia and pursue action against his employer.
“When I got the Workplace Justice Visa, I felt really glad, because I was able to stay to pursue my injury claims.”
With time, legal support and determination, Rui was eventually able to win compensation for the injury he suffered at work.
Rui says he is grateful for the support of his friends.
“Because of them, I was introduced to a family in Melbourne. She helped me a lot for everything. I can’t mention, but it was everything.”
He also hopes that the Workplace Justice Visa will eventually offer longer protection for workers, because many cases take more than six months to resolve. For him, the visa made all the difference, but he knows other workers need more time.
Now, Rui is committed to making sure no one from his community goes through the same experience alone. He speaks with Timorese workers and former colleagues about their rights and the protections available to them.
“In Australia, we have work rights, and when you sustain an injury, the company is responsible for this. But I did not experience that when it happened to me.”
Thanks to the Workplace Justice Visa, Rui was able to stay, stand up for himself, and seek justice. Today, he uses that experience to help others find the courage to do the same.
