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Guest madasfishys

HELP Needed

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Guest madasfishys

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.

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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

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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.

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perils of a 457 & your right taking a family over on this visa hight of stupidity single person what have you got to lose.

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Guest madasfishys

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.

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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.

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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.

 

 

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