Australian Employment contracts in SE Asia
I am an HR Rep from the USA and not working in HR at the present.
I have a question regarding labor law in Australia that I hope some of you can help me with.
My husband signed a contract with no end date to work for an Australian mining company in Laos.
Management changed quickly and he was hired under previous management and quickly treated very poorly by the new "boss". His agreed-to position title changed, he was moved to a much less important position and the "boss" expressed verbally that it was "my f&6%ing way or the highway!!!". Things worsened terribly over the course of the first year, in the position and in the reporting structure and the "treatment". He now reports to a "local" employee that speaks very little English.
He has been recruited by a company in the Middle East and accepted the position. He gave 2 weeks notice. The employment contract does stipulate 3 months notice, but does not list ramifications if he does not give that notice. Also, other employees have been in similar situations and they have not pressed the point.
Now this company has decided he must repay the difference to them in CASH! We aren't sure how they intend to collect this money, but it is frightening, and intimidating to be sure. My points are:
1. Other employees (including one HR employee) have done the same and been treated differently (they did not ask for reimbursement)
2. My husbands contract was already broken in regard to position title, and responsibilities.
3. Intimidation and discrimination (we're American by the way!) are very evident.
3. Although the contract asks for 3 months there is no agreement that they can "cherry pick" their action if it is not received.
4. HR department is difficult to deal with and states that they have applied this policy across the board, but we have clear and reliable (and ready to testify witnesses) that they have not.
Any assistance is helpful as I am unaware of Aussie laws and reading them online seems complex! We have hired a local attorney to respond to their request for monies to be paid back to them but we feel damaged already and losing the new positing would be detrimental in a HUGE way!
Thoughts and help please?? Thank you!
Debbie