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Major problems with 457 and employer


AmandaJDunkley

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We sold everything to get to Australia to start a new life with My husband and three year old daughter. My husband was sponsored by a company and we went over on a 457 visa. However the working conditions were so poor and he was regally bullied and made to do all the work and mentally abused that we had no choice but to come back to the uk. We have nothing and now are struggling to get by.

 

Is there anyone that can help us, Can a massive company really get away with destroying our family?

 

And to top this off they are keeping his final wage and asking for nearly $2000 they say we owe them

 

Please anyone any help or advise would be so amazing. x

 

Amanda

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I presume that the $2000 are for expenses incurred to bring you all to Oz that you have to pay back because because he didn't complete his contract.

 

Of course, it will depend on what you've signed and where the contract is valid, but the company has little redress to getting their money. I doubt they'll even try.

 

What sort of help are you after? Are you hoping for financial compensation because the job wasn't as advertised/expected? I think you'll have the same impediments as the company in making a cross-border claim.

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Chasing the money would likely cost them more than the money itself. I doubt they will make much effort.

 

Is an example of why not to sell everything up for a temporary visa though, hopefully serves a warning to others.

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I'm so sorry to hear of what has happened to you and really hope that you find your feet again soon. How awful for you and your daughter. I'm not sure where in the UK you are based, but if there's anything I can do to help you in terms of furniture, things for your daughter etc, please do PM me and if you are local to me, I would gladly let you have the things that I'm not taking with me when I return (assuming you can wait) x

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We sold everything to get to Australia to start a new life with My husband and three year old daughter. My husband was sponsored by a company and we went over on a 457 visa. However the working conditions were so poor and he was regally bullied and made to do all the work and mentally abused that we had no choice but to come back to the uk. We have nothing and now are struggling to get by.

 

Is there anyone that can help us, Can a massive company really get away with destroying our family?

 

And to top this off they are keeping his final wage and asking for nearly $2000 they say we owe them

 

Please anyone any help or advise would be so amazing. x

 

Amanda

 

Very unfortunate .....but why would you sell everything to start a new life on a 457?

 

A 457 is a shaky nail at the best of times, it's far from a safe bet when selling up for a permanent move.

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AT the very least, you should report the employer to DIBP. Their sponsorship approval covers any employee they nominate for 3 years and it would be a shame to put anyone else through what you've been through.

 

Read up on their sponsor obligations before you do so you can address any specific ways they've done the wrong thing. A major obligation of an employer is that they not ask you to pay back the cost of your recruitment, including migration agent costs or the costs associated with becoming or being an approved sponsor - if that's what the $2000 is for, they don't have a leg to stand on.

http://www.immi.gov.au/skilled/skilled-workers/_pdf/457-your-rights-work.pdf

 

The Fair Work Ombudsman may also be able to help, particularly with the withheld wages. Contact details on the above link.

 

Good luck!

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I think you made a mistake by leaving Australia under those circumstances.

 

It would have been better to deal with the workplace issues in Australia. I would have got legal advice from a solicitor in Australia experienced in workplace relations.

 

If he voluntarily resigned, he may not have much of a leg to stand on now.

 

But chalk it up to experience and move on with your life in the UK.

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If he's resigned, I don't think the employer has any obligation to pay airfare home, but I could be wrong. Was the $2000 for move-related costs such as your household goods or other items? If so, and if his contract stipulated they had to be repaid if he voluntarily left within xx months/years, that would also be an issue.

 

I'm sorry to hear it hasn't worked out, and it's too bad you weren't able to find another way to remain here given how much you obviously gave up to move here for what you hoped was a permanent situation.

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If he's resigned, I don't think the employer has any obligation to pay airfare home, but I could be wrong.

 

The employer is still obligated to pay, paying for the flights is really to protect the Australian government not the employee.

 

The government want to ensure there's no excuse for not leaving when the jobs done and if they are required to deport they can recoup the cost from the employer.

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Its not the visa we had an issue with it was the employer! And to start a new and better LIFE.

 

 

It is good that you posted about your experience as it will help others to make a more informed decision about the 457 and realise that it is just a temporary visa and very restrictive in where you can work. At least with PR you can move employer easily and without a 90 day timeframe before having to leave the country if you cease employment.

 

Put it down to experience and move on.

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