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July 2010
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Filipina Forced To Abort To Keep Job As OFW

Well, although the case is still being heard the facts are looking pretty much stacked against the owner of a Western Australia McDonalds franchise. It is alleged he forced a Filipina working for him as an assistant manager on a 457 Visa to have an abortion or else he would have her sacked and returned to the Philippines. Her visa is job dependent so he held a lot of power over her. The woman says she aborted that child to keep her job but when she fell pregnant again some months later (same Australian fiancee) she refused to do it a second time.

The Filipina claims to have recorded the meeting where she was told either the foetus goes or she goes. She was fired and has filed a case against the franchisee. Of course as the meeting was recorded without the franchisee’s knowledge it may not be admissable. I think this is a dumb law personally because the truth is the truth and just because you are unaware it is being recorded doesn’t alter what was said.

The franchisee has some history of hiring kids and working them past the legal time of an evening. I get the feeling if he has to get a Filipina on a 457 then he is either not paying full wages or pulling some rort. I am certain we have enough people in this country to fill her job.

Let us pause and look at this from the other side for a moment. One might argue the 457 Visa holder is there to work for the employer that went to the trouble and expense to sponsor them, not to get pregnant or start a new life on the employer’s dime. Basically the visa conditions must be met or else the sponsor/employer gets in trouble as well as the employee getting possibly deported. Taking more than 30 days off is, I have been advised, against the conditions of the visa. That might be over the year or the life of the visa or in one hit but it would be easy to lost 30 days due to pregnancy. Time will tell so I hope we can keep tabs on this story and report the ending.

We read about OFWs getting harshly treated in Singapore, Hong Kong, Dubai, Kuwait and so on but we never think it would happen in our own countries. Not that we are racist or supremacist but simply because we believe we have the checks and balances in place to give people a fair go. Time to think again it seems!

UPDATE: 8 July 2010. McDonalds have agreed to settle out of court for an undisclosed sum

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