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Showing results for tags 'unfair dismissal'.
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Hi all, Any advice you could give on our current situation would be really appreciated, summary below: Worked for a construction company since April 2014 After the 2 year period they agreed to start the process of PR (transition stream) The company strung us along for over a year saying they would start the process In April, they agreed to allow our migration agent complete their nomination and we paid $2500 to the agent to start the process Start of June, my partner is terminated He received an email in Jan to say he was "on a warning" from the construction manager He was never given any guidelines as to how to "improve" his performance During this time the construction manager was demoted and the current construction manager agreed to process our PR application Has anyone had any experience in dealing with the fairwork commission and whether we should seek legal advice about this? Any help would be really appreciated.
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.