Jisan came to Australia from Nepal, after completing his commercial cookery course, he remained in Australia on a COVID visa (subclass 408). Through a recommendation from his nephew, he secured a job as a chef at a restaurant in Sunbury. For two years, Jisan worked tirelessly, often putting in 46-hour weeks without receiving overtime pay. He stayed on, hopeful that his employer’s promise to sponsor his visa would come through.
Seven months before the business shut down, cracks began to show. Paychecks became irregular—Jisan and his colleagues would receive just one week’s wages every three weeks. The owner assured staff that he was opening another restaurant and, once it succeeded, they would all be paid properly again.
But in 2023, Jisan arrived for his shift only to find the restaurant sealed off with an eviction notice on the door. His calls to the owner were blocked, his emails bounced, and the employer had vanished—moving out of his residence to avoid contact. The shock was compounded by the realisation that the employer had failed to pay $60,000 in rent for the restaurant.
The closure left Jisan frustrated. As a temporary visa holder, he was ineligible for compensation through the Faircctou Entitlements Guarantee (FEG), unlike his Australian colleagues who received payouts six months after applying. “I felt very bad. I pay taxes like everyone else, but because I’m a temporary worker, I don’t get the same help,” Jisan explains.
On top of being owed $8,000 in unpaid wages, he discovered that no superannuation or tax contributions had been made on his behalf. Filing his tax return came as another blow—Jisan owed $4,000 to the Australian Taxation Office.
The stress of this ordeal took a physical and emotional toll. With only two kitchen staff remaining in the restaurant’s final months, Jisan worked exhausting shifts from 11am to 11pm, often feeling trapped by the promise of sponsorship. When the restaurant closed, he relied on savings for two months before finding another job.
Jisan’s story highlights the systemic challenges faced by migrant workers. Throughout the final year being employed with the company, he was expected to document unpaid shifts and pursue compensation on his own, efforts that were rarely honoured. “It was a frustrating time for me,” he recalls.
This is yet another example of how Australia’s migration system leaves temporary visa holders vulnerable. With the ongoing cost-of-living crisis, housing is becoming increasingly inaccessible, and without protections like the FEG, losing a job can devastate workers already on the brink.
