Guest madasfishys Posted June 28, 2013 Share Posted June 28, 2013 Hi all, Not sure if anyone on here has been through this before or knows what can be done.............. so heres my situation: Im here on a 457 visa, I was working for a company that has gone into receivership, the receivers have stated there is not enough money to pay the employees the entitlements owed. I have made a claim through the Government ~Dept of Education, Employment & workplace relations (Fair Entitlements Guarantee: FEG) but have been told that I am not entitled to any assistance as I'm here on the 457 (after waiting 2 months for a decision). My enquires lead me in circles as the Fair Work Ombudsman state I have the same rights as my Australian companions and DIAC state yes I have the same rights but its not a matter for them its between me and my employer. So has anyone experienced this before? Do I give up, put it down to bad luck? ($20,000 lost) As there is four of us in the same boat (all four of us joined the company at the same time from the uk) is it worth seeking legal advice (obviously costly, no help as on 457 visa)? Any help from anyone will be very much appreciated. Kind regards, Sean PS, New boss is running through the nomination for my 186 visa so hopefully never in this position again. PPS, I really recommend against coming over on a 457 visa, unless your single and have a back up plan. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted June 28, 2013 Share Posted June 28, 2013 Not come across this one before, but it doesnt surprise me as rights under the Fair Entitlements scheme are not the same as employment rights. Two different things entirely. You could have a initial consultation with a employment lawyer for not too much money who should be able to say if you have a case or not pretty much straight away Quote Link to comment Share on other sites More sharing options...
Rupert Posted June 28, 2013 Share Posted June 28, 2013 Holders of the 457 visa have the same employment rights as anyone else, however FEG is not an employment right, it appears to be some government program to support people that have been impacted by company going into liquidation. I have had a look and for sure, you are not entitled to assistance from this program or whatever it is. http://foi.deewr.gov.au/system/files/doc/other/eligibility_for_feg_assistance_fact_sheet.pdf As to whether it is worth taking legal advice, I personally would say yes, a few hundred dollars on an initial consult with a good lawyer could be very worthwhile considering the sums involved. Quote Link to comment Share on other sites More sharing options...
KIRK AND CO Posted June 28, 2013 Share Posted June 28, 2013 perils of a 457 & your right taking a family over on this visa hight of stupidity single person what have you got to lose. Quote Link to comment Share on other sites More sharing options...
Guest madasfishys Posted June 29, 2013 Share Posted June 29, 2013 Thank you "verystormy" & "Rupert" as there is the four of us ex employees we have chatted and decided to go four ways on an initial consultation with a lawyer. Rupert, yes I did the same search and even phoned. We just assumed the term "special category visa" would include 457's (as did the liquidators), in fact the term special category visa relates to NZ Citizens only. Anyway thank you again, I will post again once I get more info. Quote Link to comment Share on other sites More sharing options...
Rupert Posted June 29, 2013 Share Posted June 29, 2013 Thank you "verystormy" & "Rupert" as there is the four of us ex employees we have chatted and decided to go four ways on an initial consultation with a lawyer. Rupert, yes I did the same search and even phoned. We just assumed the term "special category visa" would include 457's (as did the liquidators), in fact the term special category visa relates to NZ Citizens only. Anyway thank you again, I will post again once I get more info. Yes indeed "special category visa" is a very particular term in migration language and in fact it applies only to a very particular group of NZ citizens. good luck. Quote Link to comment Share on other sites More sharing options...
Humpty McDumpty Posted October 14, 2013 Share Posted October 14, 2013 Hi madasfishys, just wanted to find out how your story has ended. I just found out that I am now in the same situation as yours. Quote Link to comment Share on other sites More sharing options...
AnthonyCronin123 Posted July 3, 2014 Share Posted July 3, 2014 How did it work out for you in the end? I read here that someone got his entitlement paid out after becoming a resident. "Happened to me in 2010. FEG will not pay out to a non resident but applied for a review once I became a resident in 2011. Took 2 years before I got paid. It is what it is!!!" I had a meeting with an employment lawyer last night and she was adamant i should be entitled to it, but there is a graying over between immigration and employment law. Quote Link to comment Share on other sites More sharing options...
Humpty McDumpty Posted July 3, 2014 Share Posted July 3, 2014 Anthony, in my case it took 4 months for FEG to tell me I'm not eligible. Will get my PR soon and will try again. Quote Link to comment Share on other sites More sharing options...
H0m3wr3ck3r Posted November 1, 2018 Share Posted November 1, 2018 Hey Humpty McDumpty How'd you go with this mate? I am now in the same situation :( Quote Link to comment Share on other sites More sharing options...
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