Canadian Citizen in Trouble

coillcam

Posting on behalf of a friend in trouble. Basically my friend moved here recently and just over a month and a bit later her employers have seriously taken advantage and screwed her over - not too mention being ridiculously overworked and underpaid. They told her last Saturday to pack up and leave the by the following day without any reasonable explanation except "it hasn't worked out." They took her mobile phone also and she is temporarily staying in her mates house with low funds and is very strung out to say the least.

She had no formal contract and was with them on a student visa where she would be "sponsored by them" and get some experience in the equestrian world and sit her exams at the end of her year long stay. Right now she has no potential sponsors as such and is meeting with the local immigration officer tomorrow. She is contacting her embassy too at the moment.

What else can she do? Is she entitled to work full time for the duration of her stay as she is on a student visa? As for reporting her old employers who were acting illegally to start with. Where would you go with that? Any help here would be greatly appreciated.

Dodge

coillcam wrote: »

Is she entitled to work full time for the duration of her stay as she is on a student visa?

http://www.inis.gov.ie/en/INIS/Pages/WP07000018

Only students attending a full time course of education of at least one year’s duration leading to qualifications recognised by the Minister for Education and Science will be permitted to take up casual employment

- Access to employment is denied to all other students
- Casual employment is defined as up to a maximum of 20 hours part time work per week, or full time work during normal college vacation periods. Such work should not interfere with your course attendance, as failure to
provide evidence of a satisfactory attendance record will result in refusal of any extension to your permission to remain
- The entitlement to casual employment will cease on completion of your college course
- The stamp placed in your passport by GNIB will indicate whether or not you are permitted to take up casual employment
- If you are in doubt about this you should check with GNIB before you accept any job offer.
- Any breach of your visa conditions will lead to a review of your case and possible removal from the State

coillcam

Cheers Dodge. I've chatted to a fair few local people, from cititzens info people to politicians and general concesus was to get up to the embassy which is where I'm dragging her tomorrow asap. From there things will proceed or so I'm told.

AARRRGH

coillcam wrote: »

her employers have seriously taken advantage and screwed her over - not too mention being ridiculously overworked and underpaid.

Could you tell us what they did which makes you believe she is overworked and underpaid?

coillcam wrote: »

They told her last Saturday to pack up and leave the by the following day without any reasonable explanation except "it hasn't worked out."

Assuming she was still on probation, this is legal. As you may know, full employment rights don't kick in until you've been with the same employer for more than 12 months.

Is it possible she was just a crap employee?

I know it might seem like I'm always standing up for employers, but I work/have worked with so many terrible employees who are unable to take responsibility for themselves. As harsh as it sounds, she might be one of those people!

coillcam wrote: »

They took her mobile phone

Her personal mobile phone or the company mobile phone?

coillcam

AARRRGH wrote: »

Could you tell us what they did which makes you believe she is overworked and underpaid?

6 day weeks, 8-10 hours per day and €175 per week. Predominately hard physical work in a stables on her own


Assuming she was still on probation, this is legal. As you may know, full employment rights don't kick in until you've been with the same employer for more than 12 months.

Oh yeah I know all about probation/warnings etc from my own experiences but she never had a contract so it's not a biggy per say.

Is it possible she was just a crap employee?

Yes but I do not believe so plus any word I've got from elsewhere is she just soldiered on with things glumly and to be fair she was very fatigued most times I met her so take what you wish from that. Also to go with that she stood up for kids that were getting lessons at her place of work when her boss was giving them dog's abuse and making them cry

I know it might seem like I'm always standing up for employers, but I work/have worked with so many terrible employees who are unable to take responsibility for themselves. As harsh as it sounds, she might be one of those people!

I completely understand where your coming from. I was never the model employee myself and have seen pretty amazing workers marginalized for no apparent reason on more than one occasion. I'm generally an objective person so I had to ask myself these questions before I posted in the first place otherwise it's just a biased rant on my behalf.

Her personal mobile phone or the company mobile phone?

Company, but it was a $hit second hand prepay one and they were being as petty as possible.

It's really the fact that they gave her one days notice removed her only resource (phone) and kicked her onto the street in a strange country. That riles me the most. Callous people indeed.

AARRRGH

coillcam wrote: »

It's really the fact that they gave her one days notice removed her only resource (phone) and kicked her onto the street in a strange country. That riles me the most. Callous people indeed.

Yep, I agree they're callous, but what they've done is legal.

The maximum working week is an average of 48 hours per week, with the average calculated over 6 months. (From here: http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/hours-of-work/working_week)

The minimum wage doesn't apply to everyone - basically it doesn't apply to people with less than two years work experience or trainees. It still sounds like she was underpaid, but could that be tax which is redicing her wage so much? (From here: http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/pay-and-employment/pay_inc_min_wage)

The mobile phone issue is a non-issue - it was not her mobile phone.

coillcam

I'm aware of the minimum wage deal, I myself was on peanuts as a 16-18yo working in a petrol station a few years ago.

Legal, well technically they did little wrong. There is no comeback, obviously they can do as they please. She was getting cash only and never had a pps number. She was underpaid, used and left in precarious circumstances as a result. At least now she has got a place to stay and things will move on from there.

Your right it does look like your on the employers side but I don't mind .I really appreciate your direct frank responses.