What Can I Do With a Workplace Justice (Subclass 408) Visa Grant?
You have successfully obtained a Workplace Justice (Subclass 408) visa and are taking action against your employer. What can you do now that you have this visa?
Can I continue to work?
There are relatively few restrictions on work rights with a Workplace Justice visa. The key condition is Condition 8107 which prohibits you from working in a way that is inconsistent with the purpose of the visa. Although this language can be quite vague, it simply means that you cannot work for the same employer that you are pursuing a claim against. If you continue working for an employer that you allege has exploited you, the credibility of your claim is undermined. Other than that, you have unrestricted work rights as no other work-related conditions apply.
Do I have study Rights?
Although there are no restrictions or conditions preventing you from enrolling in courses while you hold a Workplace Justice visa, you should be aware of the practical limitations of studying on this visa. You are typically only allowed to stay in Australia for up to 12 months when granted a Workplace Justice visa. Although you can apply for more visas afterwards, it is uncertain whether they will be granted. If your visa expires and you are forced to leave Australia, it will be difficult or even impossible to continue your course.
Can I travel?
With a Workplace Justice visa, you can travel in and out of Australia as often as you want while the visa is in effect. However, you should keep in mind that the purpose of this visa is to pursue your workplace exploitation claim.
Applying for another Workplace Justice visa (Subclass 408)
A Workplace Justice visa is granted for a period of 6 to 12 months depending on whether it is necessary for you to remain in Australia to pursue a claim. 90% of small claims cases in a Local Court are resolved within 6 months. However, in some instances legal action or a Fair Work Ombudsman investigation may take longer than the duration of your visa. If you have an ongoing matter and your Workplace Justice visa is expiring within 28 days, you are eligible to apply for another. As this is a new application and not a renewal, you will need to have your claim certified again by an entity listed under LIN 24/055. You will need to outline why you need to remain in Australia longer as part of your claim.
How Can Agape Henry Crux Help
If you are experiencing workplace exploitation and wish to take action against your employer, speak with one of our immigration lawyers at Agape Henry Crux. Our team of immigration lawyers and migration agents works together with our Accredited Specialist Immigration Lawyers, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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