torface Posted August 2, 2013 Share Posted August 2, 2013 Hi all, I was made redundant from my job this week. Due to the current economic situation, im doubtful I will find another employer to sponsor me in my chosen occupation so I am contemplating a move back to the UK. I was wondering if anyone can help clarify to me what i am entitled to from my employer with regards to moving back? I know i am entitled to a flight, but is there a time frame on when the employer has to provide the flight? Does the employer have to pay to relocate my possessions to the UK? Would the employer be responsible for paying for me to break my lease since it's their fault i have to leave? Also, does anyone know if it is possible to leave the country and be let back in again when on the 90 days you have to find work after redundancy? Many thanks for your help! Link to comment Share on other sites More sharing options...
Ronan20 Posted August 2, 2013 Share Posted August 2, 2013 I have a meeting with an immigration lawyer this week (Thursday) about some of these issues. I'll get back to this thread on Friday with some answers Link to comment Share on other sites More sharing options...
VERYSTORMY Posted August 2, 2013 Share Posted August 2, 2013 They are obliged to provide flights. But that is all unless there is something in your contract. Link to comment Share on other sites More sharing options...
jen85 Posted August 2, 2013 Share Posted August 2, 2013 Sorry to hear your situation. This really depends what your contract says, if it is forced redundancy (i.e. your position no longer exists) there should be a section in your contract that states what you are entitled to in the event it occurred. Link to comment Share on other sites More sharing options...
torface Posted August 2, 2013 Author Share Posted August 2, 2013 Its an awful situation they have put me in. Unfortunately i do not have access to my contact as it is in my room at work (in the mines) and they told me i no longer had a job while i was offsite They basically forced me to to take voluntary redundancy so i hope i can still at least get a flight. Thanks for your help. Link to comment Share on other sites More sharing options...
jen85 Posted August 2, 2013 Share Posted August 2, 2013 Its not voluntary redundancy if you have been forced, it obviously means your position is no longer there. Do you have someone on site who can grab it for you or alternatively you can email your HR department and ask for a copy given you were "pushed out" so quickly and didn't have time to grab your things. You may also need something from them in writing anyway for your visa so try get it all at the same time. Link to comment Share on other sites More sharing options...
Diane Leather Posted August 3, 2013 Share Posted August 3, 2013 Sorry to hear about your situation.. my husband is out of a job for the 3rd time since October on a 457 visa. This time it was different he had no contract and as we were so desperate for him to get another position on the 457 visa to stay we PAID for the visa ourselves.. This we will never do again we have been to the Fair Work Australia and as he was there less than 6 months he has no rights to have them for unfair dismissal or anything... just be careful of these companies as they are in our experience using this as a way to get short term labour... with no come back on them when they fire people. We are know longer worried if we run out of time in getting another sponsor (90 days) we will go back to the UK heads held high in the knowledge yes UK has its issues but at least they have protection for the workers... Don't get me wrong we love Oz but everytime this happens we hear about more and more people who are in the same situation and it just makes you think....? Link to comment Share on other sites More sharing options...
blossom Posted August 3, 2013 Share Posted August 3, 2013 That is terrible Diane. We do keep trying to warn people to avoid the 457 if they have other options, but it is hard as many of us remember what it was like to wear those rose tinted glasses. The process often isn't 'fair' as people would imagine it would be. :-( Link to comment Share on other sites More sharing options...
The Yuills Posted August 4, 2013 Share Posted August 4, 2013 yes sadly too many times you hear these stories and we try telling those coming on these visa's don't but still they come...... Link to comment Share on other sites More sharing options...
torface Posted August 14, 2013 Author Share Posted August 14, 2013 Thank you all for your replies. I was wondering how i go about requesting my flight home from my employer. Will an email suffice? Is it possible to buy my own flight then send the bill to the company? My partner is coming with me and i want to make sure we are on the same flight. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted August 14, 2013 Share Posted August 14, 2013 Its an awful situation they have put me in. Unfortunately i do not have access to my contact as it is in my room at work (in the mines) and they told me i no longer had a job while i was offsite They basically forced me to to take voluntary redundancy so i hope i can still at least get a flight. Thanks for your help. I think there may be an issue reading between the lines. How did they "force" you? If it was with a payment that you agreed then you agreed? Link to comment Share on other sites More sharing options...
torface Posted August 14, 2013 Author Share Posted August 14, 2013 But how can I have agreed when they told me there wasnt a position for me? There was no option to stay! The company was offering voluntary redundancies to all the employees at the time and told myself and my team members to take it. Link to comment Share on other sites More sharing options...
torface Posted August 14, 2013 Author Share Posted August 14, 2013 Besides, HR told me that I would still get a flight as per the requirement of the visa. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted August 14, 2013 Share Posted August 14, 2013 Besides, HR told me that I would still get a flight as per the requirement of the visa. I'd get advice quickly because I assume you don't have that in writing? Did you accept a sum of money for voluntary redundancy? Did you sign anything ? If that payment was more than the cost of a flight home I reckon you'll struggle to get more. But my experience is not in Australian or Immigration Law so I hope I'm wrong . Link to comment Share on other sites More sharing options...
torface Posted August 14, 2013 Author Share Posted August 14, 2013 I did have it in writing, but it was in my work email, which they cancelled before I had chance to get everything I needed I will contact them tomorrow and see what they say. Link to comment Share on other sites More sharing options...
starlight7 Posted August 14, 2013 Share Posted August 14, 2013 I think you need an 'insider' who can get your stuff out to you.It all sounds absolutely awful. Is it worth creating a stink and contacting the media do you think? I'm thinking channel 9 and This Day Tonight. Link to comment Share on other sites More sharing options...
Petals Posted August 14, 2013 Share Posted August 14, 2013 I feel for people on these visas. I know there have been a lot of success stories with them, but the bad stories seem to be on the rise presently. Probably because employers are using the visas as a stop gap measure rather than employing someone with rights who has permanent residency. I have said it before but if there is a chance of another visa with permanent residency its worth waiting for. Hope things work out but these employers have all bases covered usually. Link to comment Share on other sites More sharing options...
Diane Leather Posted August 15, 2013 Share Posted August 15, 2013 Hi guys For those asking the questions about rights when they have lost jobs on a 457 visa... My husband as you may or may not have read lost his job for the 2nd time.. he has managed to find a new sponsor today it seems!! Just to clarify to those that need to know we spoke with immigration on our rights as 457 visa holders this is how it goes with flights etc.. The company that sponsors you has to pay for you and your family to return to the country that is on your passport. This is for one way flight only and no extra baggage or stopovers. You have to put it in writing to the company and include in the letter every member who needs the flight, the country destination and they also have to pay the cost of travel from your residence to the departure international airport. Send this letter by recorded delivery as the company has 30 days to reply from the day they take reciept of the request. If they do not do this then they are in breach of the visa conditions. They can either book the flights on your behalf or pay you for the cost of the flights this is something that has to be agreed by both parties. If the company pays you for the flights then they have to do this via a financial institute (bank transfer) and a copy sent to the immigration department. They DO NOT have to pay for rentals, goods to be shipped back or anything else. Also you now have 90 days from the day of dismissal to find another sponsor(this has been extended from 28 days from July 2013) It is not up to you to contact immigration of you dissmissal but the company that has to legally inform them. When the 90 days are up you will recieve a letter from an immigration officer and they will arrange a meeting or call with yourself to then decide if they can extend your stay. My experience with immigration has been good and they have been sympethetic and helpful so it is worth calling and getting advise they will also want to know it the company has not followed the rules of the visa. Dont be afraid to speak with them at all. Hope this helps you and good luck Di Link to comment Share on other sites More sharing options...
Que Sera Sera Posted August 15, 2013 Share Posted August 15, 2013 But the issue here is the OP took voluntary redundancy so I'm not sure it will be the same for them. I hope I'm wrong . Link to comment Share on other sites More sharing options...
le petit roi Posted August 15, 2013 Share Posted August 15, 2013 But the issue here is the OP took voluntary redundancy so I'm not sure it will be the same for them. I hope I'm wrong . Whoa, seems a few have put the cart before the horse here...the company hasn't actually reneged on paying for flights home have they? They haven't even been asked as far as I can follow the story thus far. My 2c worth, do as Diane Leather suggests and send the company a recorded letter. If they refuse to pay for the flights, after that is the time to be a bit more concerned. However you then will have something tangible to work with and present to immigration. I guess you'd be entitled to your personal effects to be returned to you from your office and if there's anything of value then I believe you should do so. Link to comment Share on other sites More sharing options...
flag of convenience Posted August 15, 2013 Share Posted August 15, 2013 But the issue here is the OP took voluntary redundancy so I'm not sure it will be the same for them. I hope I'm wrong . That would be my fear as well. If I was in such a position I would have declined in writing and await the response. There's some nasty things going on out there and every base needs to be covered. Link to comment Share on other sites More sharing options...
torface Posted August 15, 2013 Author Share Posted August 15, 2013 The immigration website does not say anything about the method of dismissal in relation to paying the flights. I quote for the immigration website under "Sponsor Obligations": As a sponsor you must: [h=3]Pay travel costs to enable sponsored people to leave Australia[/h]You must pay reasonable and necessary costs to enable the sponsored person and their sponsored family members to leave Australia. They must ask you in writing for you to pay the costs. We can also make a written request on their behalf. The costs will be considered reasonable and necessary if they include all of the following: travel from the sponsored visa holder's usual place of residence in Australia to their place of departure from Australia travel from Australia to the country (for which the sponsored visa holder holds a passport) and intends to travel to economy class air travel or the equivalent of economy class air travel. Travel costs must be paid within 30 days of receiving the request. This obligation starts on the day: the visa is granted (if the sponsored person did not already hold a visa when your nomination of them was approved), or your nomination is approved (if the person already held a visa in this subclass when your nomination was approved). This obligation ends on the day (whichever is the earliest): another sponsor has their nomination application for the sponsored person approved the person you sponsored is granted another visa other than a subclass 457 visa, a bridging visa, a criminal justice visa, or an enforcement visa the person you sponsored has left Australia and their visa (and any subsequent bridging visa) is no longer valid. Now correct me if i'm wrong, but nowhere there does it say anything about the method of termination of employment being a factor on whether or not they have to pay for the flght....I sent an email to HR this morning stating that i would be requiring the flight and asking whether i should book myself or if they would prefer to book it. No response so far, but if the HR people are offsite they may not have received the email. As suggested, I will send a letter by registered mail tomorrow. Not really sure who i should be addressing it to though? HR? My boss? The girls that book the travel? As for my personal effects, the majority of them have already been shipped at the companies expense and i am waiting for them to arrive any day now. Link to comment Share on other sites More sharing options...
torface Posted August 15, 2013 Author Share Posted August 15, 2013 That would be my fear as well. If I was in such a position I would have declined in writing and await the response. There's some nasty things going on out there and every base needs to be covered. There was a time limit though. I had about 24 hours. I asked HR if it would affect my getting a flight if i needed it and they replied and said that I would still get a flight if it was required and within a reasonable timeframe. However, as stated before, this email was sent to my work email, which they locked me out of without warning before i could get any of the things i needed. Anyway, what's done is done. I have paperwork saying that my position was no longer required and that my employment is terminated. I believe that i am still entitled to a flight and i will fight for it. It is the companies fault that i am leaving the country and they should pay for my transport home. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted August 15, 2013 Share Posted August 15, 2013 There was a time limit though. I had about 24 hours. I asked HR if it would affect my getting a flight if i needed it and they replied and said that I would still get a flight if it was required and within a reasonable timeframe. However, as stated before, this email was sent to my work email, which they locked me out of without warning before i could get any of the things i needed. Anyway, what's done is done. I have paperwork saying that my position was no longer required and that my employment is terminated. I believe that i am still entitled to a flight and i will fight for it. It is the companies fault that i am leaving the country and they should pay for my transport home. Unfortunatly it's not the argument of how the contract was terminated but by who. In the UK anyway a voluntary redundancy is a resignation which means its not a dismissal. Link to comment Share on other sites More sharing options...
flag of convenience Posted August 15, 2013 Share Posted August 15, 2013 There was a time limit though. I had about 24 hours. I asked HR if it would affect my getting a flight if i needed it and they replied and said that I would still get a flight if it was required and within a reasonable timeframe. However, as stated before, this email was sent to my work email, which they locked me out of without warning before i could get any of the things i needed. Anyway, what's done is done. I have paperwork saying that my position was no longer required and that my employment is terminated. I believe that i am still entitled to a flight and i will fight for it. It is the companies fault that i am leaving the country and they should pay for my transport home. They should indeed pay the flight. Do let us know how it pans out. Hope they treat you accordingly. Good luck. Link to comment Share on other sites More sharing options...
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