A few months ago, I was fired. Being a casual worker on a working
holiday visa put me in that precise sweet spot where you are the mostvulnerable and disposable. It was also just before getting enough days
to be eligible to renew my visa, and there was absolutely no opportunity
to find any other work. So I did the only thing I could I fought... and
got my job back. ---- I've been a casual worker my whole career and I've
organised migrant workers in my home country before. A casual contract
removes most of your job security and being a migrant means learning a
new set of laws, industrial relations, and business practices. Bosses
know this, which is why they're able to exploit and undermine us so
severely.
I joined my union as soon as I moved to Australia because I knew I would
have no power to fight this alone. None of us do. Which is why I've
always tried to organise with my co-workers and inform them about their
rights.
The bosses retaliate
I work at a fruit packaging factory where most of my co-workers are
casualised migrants. After a while on the job, I recruited all of them
to a WhatsApp group where we could talk about problems at work. I let
them know I was happy to help with answering any questions.
One day, two of my mates came up to me after my shift. They told me they
weren't given any afternoon break, just a lunch break, and that the
managers almost always said, "We're finishing up soon, so there's no
point in taking a break." This is a common form of wage theft which
forces workers to give up their legally guaranteed paid breaks. I told
my co-workers that they are entitled to a 10 minute break for every
shift, no matter how long it is.
The same day, I posted a message in our group chat. I made clear that we
had the right to take daily breaks and sent a link to our award as
proof. I didn't even have time to think about any further action before
my manager sent me a text the day after:
"Morning, I'm afraid I won't have any more work for you from this point
on. Thank you for your work this last season and I wish you the best of
luck in the future."
It was a complete lie. I knew we were in high-season and I had been
verbally promised full- time hours for the two months ahead just a few
days earlier. I tried asking him what was going on, but he had nothing
more to say. I sent a screenshot of the texts to our group chat and
asked if anyone had heard anything about reduced work-everyone was
working as regular. This was a case of adverse action: illegal
disciplinary action to punish workers enforcing their rights. Adverse
action can take many forms, including threats to fire workers without
valid reason, refusing to hire them, or other- wise discriminating
against them.
Fighting back
Many casual workers would have given up here, but don't do it! If this
happens to you, collect evidence. Whether you're on a permanent contract
or a casual one, firing workers for organising is still illegal. But the
law only matters if workers push for them to be enforced. And to enforce
laws against adverse action, you'll want to have evidence.
Luckily, I could easily show that I was fired for no reason other than
informing co-workers about their rights. I had screen- shots of our
texts that were sent between a Saturday and a Sunday. In that time
frame, no change in the workflow could have happened, and no one else
had reported that such was the case. Clearly, the bosses were making it up.
When I had gathered my evidence, I called my union. I spoke to a great
organiser that saw how clear-cut my case was. They asked me about the
regularity of my work, and I said I worked varied shifts, but had
consistent hours every week- typical for a casual contract.
From here, we were able to confront my boss with the accusation of an
unfair dismissal, and that we were prepared to go to the Fair Work
Commission if they didn't continue to roster me as usual. My manager got
quite nervous, denied the claims of adverse action, and, without any
prompting, brought up that he had heard about the break issue, and that
it had been addressed.
That same day I received a message from my manager:
"Sorry for the misunderstanding, we have some shifts available as we've
gotten a lot busier lately. Are you able to work tomorrow?"
I laughed hard and prepared a lunch box. My co-workers were happy and
surprised to see me the following day. I continued to get work as I
normally did, and one day my manager even came up to me and apologised
for what happened. He said that he thought I was looking for trouble and
had believed he could do what he did. I said casual workers have rights
and need to be treated equally as everyone else, and that I wanted
nothing more than what was right. Since then the situation has improved
and workers are getting their breaks almost every shift.
So, when something similar happens to you, be a member of the union.
Talk to your co-workers and back each other up. And if the bosses try to
retaliate with adverse action, gather evidence and enforce your rights!
https://ancomfed.org/2025/11/how-i-got-my-job-back/
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A - I N F O S N E W S S E R V I C E
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