The worker first came to Australia in 2019 to visit family, planning only a short stay. But he enjoyed being here and decided to build a future by switching to a student visa and studying mechanical engineering. To support himself, he worked as a mechanic for two different employers. He was good at his job, and before his injury he was close to securing a sponsored visa. He had even booked his skills assessment and felt like things were finally falling into place.
That changed in October 2024. On the day of his injury, he had already warned his employer that the hoist he was using wasn’t working properly. He didn’t feel safe.
“The hoist I was working under was not high enough for my height, so I complained about that, but rather than fixing they force me to work underneath that hoist”
“I have to make an arch off my back all the time when I was working underneath”
Despite this, he was pressured to keep working. He trusted that his employer would look after him, but when he was hurt, the opposite happened. Instead of helping him or sending him to a doctor, they denied anything was wrong. Soon after, they fired him in front of other staff, giving him just twenty minutes to gather his things and leave.
“I told them I was injured and you guys has to take care of me, they said we don’t care, when I came home, I sent an email to the HR department and they didn’t reply”
He believed his employer assumed he wouldn’t fight back because his visa was running out. Under the rules, he couldn’t extend it. They likely expected him to leave the country quietly, without raising any issues. The pressure didn’t stop there, he faced threats and was pushed to sign an agreement to stay quiet in exchange for money. He refused.
With the Workplace Justice Visa, he was able to remain in Australia legally and continue receiving WorkCover. He could get medical treatment, pursue his unfair dismissal claim and move forward with his injury case. He believes that without the visa, his employer would have ignored the injury completely and assumed he’d return home, ending the matter.
“That (Workplace Justice Visa) really helped me because that gives me a stay to live in Australia and get treatment and after that I can take a legal action against my employer”
“When they realised I’m not going anywhere, they changed everything, they tried to help me as much as possible.”
The months that followed were difficult. He experienced ongoing physical pain and could no longer work as a mechanic. He struggled with depression and had to move in with his sister because he couldn’t afford to live alone. WorkCover provided some income, but it wasn’t enough, so he started doing light security work to get by.
His unfair dismissal claim eventually settled for $20,000. The worker is now responsible for all doctor and physio visits, he also receives compensation every week due to the injuries sustained.
Reflecting on what happened, he hopes the system will listen more closely to migrant workers. He feels their complaints are often dismissed or delayed, and many struggle to access support because organisations don’t have the resources or the capacity to help everyone in need. He believes the Workplace Justice Visa is essential, but knows that many workers still face barriers in getting help when they need it most.
