Hello,
Wonder if anyone could shed some light or suggest a good law firm.
We arrived at the end of last year under my partners 457 visa (sponsored by my partners employer). Recently, my partner has been forced to resign from the job or face disciplinary action.
Suffice it to say, we believe that we have a strong case of unfair dismissal against the employer and have lodged a complaint with the Fair Work Commission.
My partner has been employed by the company for over 5 years in the UK and this was an international transfer. Upon speaking with a couple of No Win No Fee companies, they have stated that because my partner has been here less than 6 months, my partner would be unable to take any action against the former employer in Australia.:skeptical:
I'm no legal expert but, surely, the duration of my partners employment is way over the minimum of two years in total for dismissal cases which would mean we could bring a case against the employer? Or does the clock reset to zero upon moving to Australia? There is no break in the contract and has been classed continual employment with the same company.
Would anyone reading have any views on this or know of any employment law company that specialises in international transfer cases? We're based in NSW
Thanks in advance.