Unfair dismissal on 457 visa after only three weeks, can anyone help?

[Nina46]

:mad:

 

We arrived in Perth on the 29th July, my husband has been sacked from his job on grounds which we believe to be immoral although no formal explanation has been offered! This is absolutely disgusting.....we are devastated!! Can anyone advise accordingly........what can we do? I believe we need to find a new sponsor within 28 days or we will need to leave the Country.

 

:policeman:

[lebourvellec]

Sadly this is the risks of the 457 visa. You now have 90 days to find new sponsor, or leave the country - if you decide to leave - you should put in written request for previous employer to pay for flights, as this is their responsibility as a 457 sponsor.

 

 

[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• the person you sponsored has left Australia and their visa (and any subsequent bridging visa) is no longer valid.
  

 

[blossom]

Wow, what a horrible situation to be in. Good luck. 90 days is at least a bit more breathing room.

[Rupert]

:mad:

 

We arrived in Perth on the 29th July, my husband has been sacked from his job on grounds which we believe to be immoral although no formal explanation has been offered! This is absolutely disgusting.....we are devastated!! Can anyone advise accordingly........what can we do? I believe we need to find a new sponsor within 28 days or we will need to leave the Country.

 

:policeman:

 

Well it is pretty hard to comment without knowing the details. However three weeks in, he might not have much of a leg to stand on anyway, people are often in a probationary period at first and redundancy entitlements might be minimal even if this were a redundancy not a dismissal.

 

I agree it is an awful situation, some people on the site don't understand why some of us will sometimes advise against a 457 visa route and this is another reminder of why. One bit of good news, is that you now have 90 days not 28 to find another sponsor.

[Guest Ptp113]

Sacked or made redundant?

[wrussell]

:mad:

 

We arrived in Perth on the 29th July, my husband has been sacked from his job on grounds which we believe to be immoral although no formal explanation has been offered! This is absolutely disgusting.....we are devastated!! Can anyone advise accordingly........what can we do? I believe we need to find a new sponsor within 28 days or we will need to leave the Country.

 

:policeman:

 

May I suggest that you run your case past a registered migration agent for advice about possible strategies?

 

My advice to 457 visa applicants is along the lines:

 

1. Do not rely entirely on advice from agents (registered or unregistered) who are acting for an employer or a prospective employer.

 

2. Take advice at an early stage about other visa strategies (for example) applying for permanent residence in the first instance, or preparing to do so.

 

In many cases there are better visa strategies than 457 for employers and for employees, particularly the latter.

[KIRK AND CO]

457 again it should be banned or only for single people.It can screw up a family in always.

[Incata]

457 again it should be banned or only for single people.It can screw up a family in always.

 

The 457 is there to solve a business need, it is not intended to be an easy way to emigrate to Australia.

 

Everyone who comes over on a 457 should have their eyes open and be aware of what it is and what it is not, and then make a decision based on their own circumstances as to whether or not it is best for their needs. If they are not intelligent enough to work it out, or to read all the warnings on here and other sites about the limitations and risks of coming out on this visa, they have only themselves to blame.

 

Caveat emptor.

[KIRK AND CO]

The 457 is there to solve a business need, it is not intended to be an easy way to emigrate to Australia.

 

Everyone who comes over on a 457 should have their eyes open and be aware of what it is and what it is not, and then make a decision based on their own circumstances as to whether or not it is best for their needs. If they are not intelligent enough to work it out, or to read all the warnings on here and other sites about the limitations and risks of coming out on this visa, they have only themselves to blame.

 

Caveat emptor.

Intotal agreement with you but some on here have one way specs thinking the land of milk & honey has arrived, up root the family with the £10,000 lol then cry for help.

[Chortlepuss]

Whilst most people understand the 457 visa is temporary, I doubt many would expect a role to last only 3 weeks! I think the use of 457 visas at a time of high and growing Australian unemployment coupled with anti immigration rhetoric fuelled by the election is cruel. It's open to abuse by unscrupulous employers and sadly we see too much evidence on this site where people have their lives turned upside down. Unless the OP has a genuine skill in demand, I'd take the repatriation and apply for a proper visa at a later date. 457 is just too unstable right now.

[Rupert]

Whilst most people understand the 457 visa is temporary, I doubt many would expect a role to last only 3 weeks! I think the use of 457 visas at a time of high and growing Australian unemployment coupled with anti immigration rhetoric fuelled by the election is cruel. It's open to abuse by unscrupulous employers and sadly we see too much evidence on this site where people have their lives turned upside down. Unless the OP has a genuine skill in demand, I'd take the repatriation and apply for a proper visa at a later date. 457 is just too unstable right now.

 

 

Unfortunately I don't think most do realise it is temporary. But I agree that nobody is going to expect job to come to an end after three weeks either. I think I would only come on a 457 if I had a very generous relocation package and was not left out of pocket, certainly wouldn't use my life savings for a 457 (not that OP has said they did that, just a general comment).

[starlight7]

I think it would be hard to challenge an unfair dismissal on a 457 visa. It is an awful situation to be in. They do have to pay your fares back at least but I guess the best thing would be to try and find another sponsor quicksmart. You don't state the reasons given for your dismissal- would it affect you getting another position? Would you be able to get any form of a reference? There seems to be a lot of discontent with these visas just now so it might be best to cut your losses and try to get another type in the future.

[flag of convenience]

:mad:

 

We arrived in Perth on the 29th July, my husband has been sacked from his job on grounds which we believe to be immoral although no formal explanation has been offered! This is absolutely disgusting.....we are devastated!! Can anyone advise accordingly........what can we do? I believe we need to find a new sponsor within 28 days or we will need to leave the Country.

 

:policeman:

 

Very unfair. Part of the reason though so many out here are against the 457. It has sadly been abused by certain employers which was bound to happen after the initial insistence that an employer must attempt to recruit an onshore worker first was scrapped.

That opened the door to exploitation. Sadly the applicant is not fully aware of the down sides and the resulting turmoil that can ensue. A good idea abused.

[dodgy]

:mad:

 

We arrived in Perth on the 29th July, my husband has been sacked from his job on grounds which we believe to be immoral although no formal explanation has been offered! This is absolutely disgusting.....we are devastated!! Can anyone advise accordingly........what can we do? I believe we need to find a new sponsor within 28 days or we will need to leave the Country.

 

:policeman:

 

Sorry to hear of your dilemma i know exactly how you are feeling having had 3 x 457 visas the 1st was granted on the Friday,I turned in on the Monday morning for my 1st day only to find the company had been in the hands of receivers for months and they had folded the company on the very day my visa was granted.

I managed to find another sponsor within 2 weeks and was treated like a dog for over a year constantly threatening sacking if dangerous work was not done without scaffolding etc until i found another company willing to sponsor me.

3rd company seemed like a dream company at interviews etc until visa was granted and nothing materialised as was promised,was equally treated badly as previous company i.e. made to do twice the workload of Australians for less money.Dangerous jobs no scaffolding.Treated like a 2nd class citizen who didn't know anything because i wasn't Australian.

When i stood up for myself and said i do twice the workload of every other employee i was told "you all do 8 hours"

When i said that i didn't have any praise or recognition for what i have done for the company i was told "i was insecure"

I was also told "i was bi-polar" because i shouted at apprentices and lazy off-siders for not helping whilst i struggled, when thats what they were there for.

When i had a genuine point/complaint they always played the "winging pom" card.

I put my head down, shut my mouth and worked through it until i could apply for PR (1 yr) and promptly left when granted.

When i handed in my notice the boss was shocked and said "i hope its nothing we have done" (lol).

Company could not find a replacement to do everything i did and that section folded within the company (I had turned it around from 0 - a profitable section.The boss then admitted to other employees he didn't realise how valuable an employee i was to his company.......Too late lol.

I now run my own business doing exactly the same work load that i had done for previous employer but with the benefit of much more money.

I will say i did this alone and almost gave up at times and probably would of if i had a family to support.

I now have citizenship and it all seems a distant memory.

 

What i am trying to say is that it was a very long and hard road but the only option for me to stay in Australia and i worked through it and now all the pain,heartache and hard work was all worth it in the end.Stay firm and work through it and all will come good in the end as nothing worthwhile comes easy and you appreciate it all the more.

[flag of convenience]

Sorry to hear of your dilemma i know exactly how you are feeling having had 3 x 457 visas the 1st was granted on the Friday,I turned in on the Monday morning for my 1st day only to find the company had been in the hands of receivers for months and they had folded the company on the very day my visa was granted.

I managed to find another sponsor within 2 weeks and was treated like a dog for over a year constantly threatening sacking if dangerous work was not done without scaffolding etc until i found another company willing to sponsor me.

3rd company seemed like a dream company at interviews etc until visa was granted and nothing materialised as was promised,was equally treated badly as previous company i.e. made to do twice the workload of Australians for less money.Dangerous jobs no scaffolding.Treated like a 2nd class citizen who didn't know anything because i wasn't Australian.

When i stood up for myself and said i do twice the workload of every other employee i was told "you all do 8 hours"

When i said that i didn't have any praise or recognition for what i have done for the company i was told "i was insecure"

I was also told "i was bi-polar" because i shouted at apprentices and lazy off-siders for not helping whilst i struggled, when thats what they were there for.

When i had a genuine point/complaint they always played the "winging pom" card.

I put my head down, shut my mouth and worked through it until i could apply for PR (1 yr) and promptly left when granted.

When i handed in my notice the boss was shocked and said "i hope its nothing we have done" (lol).

Company could not find a replacement to do everything i did and that section folded within the company (I had turned it around from 0 - a profitable section.The boss then admitted to other employees he didn't realise how valuable an employee i was to his company.......Too late lol.

I now run my own business doing exactly the same work load that i had done for previous employer but with the benefit of much more money.

I will say i did this alone and almost gave up at times and probably would of if i had a family to support.

I now have citizenship and it all seems a distant memory.

 

What i am trying to say is that it was a very long and hard road but the only option for me to stay in Australia and i worked through it and now all the pain,heartache and hard work was all worth it in the end.Stay firm and work through it and all will come good in the end as nothing worthwhile comes easy and you appreciate it all the more.

 

Not all can nor should they endure such abuse though. There should be standards that the employer must meet and the 457 should not be living in fear of dismissal and repatriation. Is Australia really worth such pain? We knew a specialised craftsman brought out on a 457 from Germany who was driven to severe depression due to the treatment he received from his employer. Slavery I thought had been abolished. It proved difficult to support this fellow in the legal sense as his employer was stating a different and fabricated story. This person had poor English skills which is why he needed someone who could speak his language.

 

Really put me off the whole 457 lark anyway and that was a few years back now. The guy went home in the end pretty shattered about the entire experience.

[Rupert]

I find these stories about treatment of 457 visa holders a bit bizarre. In my company there just is no focus on visa status, nobody cares and the majority would not even know. I joined as a manager and inherited a team, there was a 457 visa holder in it but nobody pointed her out to me or made any issue out of it, I didn't even know until more than a year later when she asked for the afternoon off to go for her medicals for a PR visa application. I work for a big organisation, maybe the bad treatment is more prevalent in a smaller company?

[dodgy]

I find these stories about treatment of 457 visa holders a bit bizarre. In my company there just is no focus on visa status, nobody cares and the majority would not even know. I joined as a manager and inherited a team, there was a 457 visa holder in it but nobody pointed her out to me or made any issue out of it, I didn't even know until more than a year later when she asked for the afternoon off to go for her medicals for a PR visa application. I work for a big organisation, maybe the bad treatment is more prevalent in a smaller company?

 

Yes my experiences and the experiences from friends/colleagues etc are all from small companies taking the opportunity to get cheap labour or to be used for their skills.Im thinking large companies with more business experience and HR departments etc just wouldn't/couldn't behave inappropriately.

There is good employers in all sectors or work so don't let others bad experiences put people off coming over on a 457 for some like myself it was the only way to stay here due to age/no certification and not having the funds for student visa.

[Guest The Pom Queen]

I cannot understand why companies do this, why sack someone after only a few weeks when it has cost you a few thousand bringing them over?

I use to warn people about student visas many years ago, people would bring their family out on them then end up going back home as they couldn't afford it, now the 457 is just as bad.

[dodgy]

I cannot understand why companies do this, why sack someone after only a few weeks when it has cost you a few thousand bringing them over?

I use to warn people about student visas many years ago, people would bring their family out on them then end up going back home as they couldn't afford it, now the 457 is just as bad.

 

The smaller companies probably don't pay for anything and the employee pays everything like i did 3 times just to get the visa.

[gwolst77]

I find these stories about treatment of 457 visa holders a bit bizarre. In my company there just is no focus on visa status, nobody cares and the majority would not even know. I joined as a manager and inherited a team, there was a 457 visa holder in it but nobody pointed her out to me or made any issue out of it, I didn't even know until more than a year later when she asked for the afternoon off to go for her medicals for a PR visa application. I work for a big organisation, maybe the bad treatment is more prevalent in a smaller company?

 

The same here it just is not an issue at my company, it is a large global company (with 18,000+ employees) a lot of the managers / directors are from different countries, so I don't feel the same pressure.

 

In fact for the time being until we have done the 'lets give it at least two years and then make our minds up if we want to stay' I am not even going to bother thinking about PR.

No point spending all that money on PR just to then decide in a few years time to go back to the UK (or another country).

 

The only benefit we will get from PR is the right to remain if I get laid off and the child care rebate.

 

If we do end up going home I will get access to my Super rather than it being locked away over here until I retire, and staying on the 457 also gives me the comfort of knowing my families flights will be taken care of if I ever get laid off.

 

Feel really sorry for the OP looks like they have been screwed big time.

[Guest The Pom Queen]

:mad:

 

We arrived in Perth on the 29th July, my husband has been sacked from his job on grounds which we believe to be immoral although no formal explanation has been offered! This is absolutely disgusting.....we are devastated!! Can anyone advise accordingly........what can we do? I believe we need to find a new sponsor within 28 days or we will need to leave the Country.

 

:policeman:

What work is your hubby in, just wondered if anyone on here may have some contacts

[ramot]

My daughter was on a 457 visa in a large International company with a office in most of the capital cities. I don't know if the bullying she had to put up with was particularly due to the visa or just ignorance and bad manners from the other staff. She is well qualified, has lived and worked in Africa and Mexico, and held some interesting jobs before moving here, so was very surprised by the attitude here in that particular company. Her English accent was mocked by her superior, and when she landed the only good contract that that particular office had managed at that time, when she came in to work to meet with the client, she was told her superior had taken over and she was to get no credit at all. This was just one example of continuing bad work practices. She was not alone, and several other employees who were Australians left, but she definitely was picked on more. But as mentioned before it wasn't necessarily because of the 457 visa, but it made her very vulnerable as she tried to put up with it, especially after lots of staff were made redundant and she wasn't because of her skill level, so theoretically they valued her!!! She went to HR before she left but not much help there.

yes of course she would have liked to apply for PR, but like many others her skill isn't on the main list, so the 457 visa was a chance she had to take, it's a lousy visa, but when it's the only option for some people then you can't blame people for trying, but they must be realistic of how it can all go so wrong.

[fourcorners]

yes of course she would have liked to apply for PR, but like many others her skill isn't on the main list, so the 457 visa was a chance she had to take, it's a lousy visa, but when it's the only option for some people then you can't blame people for trying, but they must be realistic of how it can all go so wrong.

 

I wouldn't call it a lousy visa. It's worked for me and my partner on two separate occasions and gives us a safety net if my OH is laid off (he is the visa holder). For us it is the perfect visa as we do not want to get PR. We also have income from rental properties in the UK which we don't have to declare here, and get to extract our super when we do leave. You have to have very clear aims when on a 457 and know what you are getting yourself into. I agree it is not the visa to try and emigrate permanently on, although a lot of people do it and make it work. In the current climate it should only really be used for very skilled/specialized workers who just want some Australian work experience under their belt and won't be heartbroken if they don't stay long term. Personally I've never been treated any differently because I'm on a 457. My partner, on his previous 457 (he has had 3), brought up discrepancies in pay levels between the UK contractors and the Australian contractors, which caused a bit of trouble for his employer with immigration! But he knew he was leaving anyway just wanted to get a better deal for his colleagues.

[ramot]

I only meant lousy because of the insecurity. When it works it's great but when it doesn't it can be very hard. My daughter is still here so it hasn't impacted badly for her, I just feel sorry for the poster and for others who have had to leave when they had wanted to stay. We were expats for years on temporary contracts so do understand the temporary nature of the visa, but also understand that for some people it's their only chance to be here, and sympathise with their disappointmen when it doesn't work out.

[KIRK AND CO]

I would