leeb0351 Posted November 7, 2013 Share Posted November 7, 2013 i came here as a skilled worker with my wife, having given up a solid full time job which i was at for 8 years, sold basically everything we owned in the uk. So when we got here set up home bought furniture and everything and got a car on HP. Basically wiping us out of money. Today the company im at over here in oz called a meeting to say they where shutting the department that im in down, but offering me work in a different proffesion, which i dont want to accept, having trained a number of years in what they brought me here to do. I'm wanting to find out if the company are under any obligation to give me any compensation as regards to all the money lost, and also are they allowed to leave us with debt hanging over our heads i.e house & car. or is it just basically flights home..Any advice would be great, thanks.. Link to comment Share on other sites More sharing options...
xxlornaxx Posted November 7, 2013 Share Posted November 7, 2013 What visa are you on? Link to comment Share on other sites More sharing options...
Keith and Linda Posted November 7, 2013 Share Posted November 7, 2013 Doubtful the company is under any obligation unless you was on some form of fixed term contract, what if it went bust? would you be asking the same questions? I think they are doing the right thing in offering you another position, so it's really up to you, but you do seem to be a bit of a defeatist, what about looking for other companies? Wishing you the best in whatever you decide. Link to comment Share on other sites More sharing options...
leeb0351 Posted November 7, 2013 Author Share Posted November 7, 2013 im on a 457 visa, i signed a 2 year contract, stating id repay all costs to the company if i left in the 2 years.. I have contacted a lot of company's but to no avail. Yes they are offering me work but it is not what i have trained to do all them years. Link to comment Share on other sites More sharing options...
leeb0351 Posted November 7, 2013 Author Share Posted November 7, 2013 457 Link to comment Share on other sites More sharing options...
Alan Collett Posted November 7, 2013 Share Posted November 7, 2013 From the DIBP website, re employer obligations (this is not all of them, I hasten to add): Not recover, transfer or charge certain costs to another person You must not take any action or seek to take any action that would result in the transfer or charging of costs (including migration agent costs) to another person, such as a sponsored visa holder or their sponsored family members this includes costs that relate to: the recruitment of the person you sponsored becoming or being a sponsor or former approved sponsor. This obligation: starts on the day the sponsorship is approved or the work agreement commences ends on the following two events: you cease to be an approved sponsor or party to a work agreement you no longer have a sponsored visa holder. Sponsors are also required to pay certain costs associated with becoming a sponsor and not pass these costs, in any form, onto another person. These include: cost of sponsorship and nomination charges migration agent costs associated with the lodgement of sponsorship and nomination applications administrative costs and any sundry costs an employer incurs when they conduct recruitment exercises, including: recruitment agent fees migration agent fees the cost of job advertising screening of candidates, short listing, interviews and reference checks salaries of recruitment or human resource staff the cost of outsourcing background checks, police checks and psychological testing where they relate to an employer determining an applicant’s suitability for the position training of new staff responding to queries for prospective candidates, and advising unsuccessful applicants travel costs for the sponsor to interview and/or meet the applicant either overseas or in Australia. [h=4]Pay travel costs to enable sponsored people to leave Australia[/h]You must pay reasonable and necessary travel 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 persons 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, where that is not available, a reasonable equivalent. Travel costs must be paid within 30 days of receiving the request. You will only be required to pay return travel costs once. If a sponsored person returns to Australia (whilst holding the visa for which you sponsored them) after you have paid their return travel costs, you will not be required to pay their return travel costs again. 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 is 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 the relevant visa (and any subsequent bridging visa) is no longer in effect. Best regards. Link to comment Share on other sites More sharing options...
Sustain Posted November 7, 2013 Share Posted November 7, 2013 im on a 457 visa, i signed a 2 year contract, stating id repay all costs to the company if i left in the 2 years.. I have contacted a lot of company's but to no avail. Yes they are offering me work but it is not what i have trained to do all them years. If it was me I would accept the alternative work, then promptly start looking to move to another employer in the same area of work that you are after. Don't take a short term action which affects you longer term. Choose your battles and win the war mate. Link to comment Share on other sites More sharing options...
Keith and Linda Posted November 7, 2013 Share Posted November 7, 2013 im on a 457 visa, i signed a 2 year contract, stating id repay all costs to the company if i left in the 2 years.. I have contacted a lot of company's but to no avail. Yes they are offering me work but it is not what i have trained to do all them years. Sorry but appears that contract is tying you to them and not them to you. No one can predict what will happen out there in the wide world of business and how the market changes, I would suggest, unless you really want to return home, that you stay with the firm whilst you look for another job, they would have trouble trying to get money out of you as it would seem that they have broken the contract first by changing your job description. You would not be the first that has had to do a different job to your usual one, many have had complete career changes with some of these being forced on them for one reason or another. Link to comment Share on other sites More sharing options...
Alan Collett Posted November 7, 2013 Share Posted November 7, 2013 If it was me I would accept the alternative work, then promptly start looking to move to another employer in the same area of work that you are after. Don't take a short term action which affects you longer term. Choose your battles and win the war mate. Remember you can only work in the nominated occupation on a 457 visa - a change of role is likely to require DIBP approval of a new nomination. Best regards. Link to comment Share on other sites More sharing options...
TerryDXB Posted November 7, 2013 Share Posted November 7, 2013 Keith and Linda, along with Sustain are offering good advice. Alan C outlines what that can't chase you for if you decide to quit in less than 2 years, i.e. the cost of recruitment and visas. This 2 year 'deal' on a 457 is quite common, after all it does cost quite a lot to get you to Oz in the first place. It doesn't sound like you are being singled out for special treatment or treated unfairly. I was in a similar 'sort of' position and was told that the company would want back the following: cost of airfares from the UK to Oz, cost of any shipping that they paid from the UK, cost of any temporary accommodation and car hire. All that added up to a lot of cash, so I stuck it out for a 2 years and 1 day. The company is obliged to provide no more than economy one way air tickets back to your point of origin - you get no say in the choice of airline or routing. There is no obligation to provide help or assistance in getting your stuff back to the UK. Any costs that you incurred in getting to Oz (i.e. selling up) and then settling in Oz (paying off loans early or breaking loan agreements) are on your tab. Probably not what you want to hear, but that's the way it is. Link to comment Share on other sites More sharing options...
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