Problem with resignation notice on a 457 visa, 2 or 4 weeks?

[egrek]

Hello all

 

A friend was told they had 2 weeks notice at a place on a 457 visa, having been there over a year. They handed in their notice, agreeing verbally on the 2 weeks notice in their resignation meeting. They have now been told they actually don't have 2 weeks but 4 weeks notice (from their initial contract).

 

Added fun: they have also signed a further contract with an update to all roles, which (we believe) states 2 weeks notice.

 

This is because everyone else in the workplace (Australian) have 2 weeks notice.

 

 

1) Can they have a different notice period for 457 as other workers? My readings of this:

"You are entitled to fair pay and to basic rights and protections in the

workplace. Your sponsor must provide you with the same terms and conditions as

Australian workers performing the same work in the same workplace."

(http://www.immi.gov.au/faqs/Pages/what-are-my-rights-as-a-worker.aspx)

Is that the terms and conditions (eg notice period) must be the same as everyone else working there.

So here I'd assume it's 2 weeks notice.

 

Other options:

 

2) When resigning they asked their notice period, the manager said it was 2 weeks and accepted (verbally) - does this stand up? I know a resignation has to be in writing, but does an acceptance?

Here I am unsure if it would be the 2 weeks verbally agreed or the 4 weeks when agreed in writing.

 

 

3) Assuming the new contract does state 2 weeks and it doesn't say it supercedes the previous contract - they are saying as the initial contract was done with a 457, it was for the longer notice and so that remains in place. Can they do that? They appears to be picking and choosing what they want from each (I know we need to find the contract and check)

 

4) If the new contract says it does supercede previous documents (which the first one states) and it has 2 weeks notice. I would assume it should be the new contract and so 2 week notice (unless there is a rule where the longer notice period takes priority? Maybe?).

 

 

 

 

To me number 1 seems their best bet? (otherwise we really need to find the contract!)

Number 2 is possibility.

3 & 4 depend on the contract.

 

 

 

Any help advice, or best - links! appreciated.

Too much information to read through it all! (at least I am unemployed with time!)

[northshorepom]

Surely notice period is stated in the contract of employment? (Yes, you need to find it)

 

Immigration rules shouldn't really be relevant

[xlornax]

When I resigned on a 457 I went by my contract and the companys policy .two weeks notice..457 not relevant..speak to hr?

[Tom28]

Check both signed contracts and check if the terms imply that the newer one supercedes the older one. Verbal agreement won't get you very far and the 457 is irrelevant.

[Rupert]

Hello all

 

A friend was told they had 2 weeks notice at a place on a 457 visa, having been there over a year. They handed in their notice, agreeing verbally on the 2 weeks notice in their resignation meeting. They have now been told they actually don't have 2 weeks but 4 weeks notice (from their initial contract).

 

Added fun: they have also signed a further contract with an update to all roles, which (we believe) states 2 weeks notice.

 

This is because everyone else in the workplace (Australian) have 2 weeks notice.

 

 

1) Can they have a different notice period for 457 as other workers? My readings of this:

"You are entitled to fair pay and to basic rights and protections in the

workplace. Your sponsor must provide you with the same terms and conditions as

Australian workers performing the same work in the same workplace."

(http://www.immi.gov.au/faqs/Pages/what-are-my-rights-as-a-worker.aspx)

Is that the terms and conditions (eg notice period) must be the same as everyone else working there.

So here I'd assume it's 2 weeks notice.

 

Other options:

 

2) When resigning they asked their notice period, the manager said it was 2 weeks and accepted (verbally) - does this stand up? I know a resignation has to be in writing, but does an acceptance?

Here I am unsure if it would be the 2 weeks verbally agreed or the 4 weeks when agreed in writing.

 

 

3) Assuming the new contract does state 2 weeks and it doesn't say it supercedes the previous contract - they are saying as the initial contract was done with a 457, it was for the longer notice and so that remains in place. Can they do that? They appears to be picking and choosing what they want from each (I know we need to find the contract and check)

 

4) If the new contract says it does supercede previous documents (which the first one states) and it has 2 weeks notice. I would assume it should be the new contract and so 2 week notice (unless there is a rule where the longer notice period takes priority? Maybe?).

 

 

 

 

To me number 1 seems their best bet? (otherwise we really need to find the contract!)

Number 2 is possibility.

3 & 4 depend on the contract.

 

 

 

Any help advice, or best - links! appreciated.

Too much information to read through it all! (at least I am unemployed with time!)

 

You are at risk of over complicating this. It is quite easy to resolve. Check the contract, nothing else matters.