Redundancy On A 457 ?

[dxboz]

Wow dodgy good on ya that you are still here how did that happen?

[dodgy]

Wow dodgy good on ya that you are still here how did that happen?

 

God only knows but i went on to get 2 more slave visa's (457) then got PR and then Citizenship.

[obie81]

Why would it ....you are there to a do a job, if the jobs gone then so is the reason for being in the country.

 

As long as immigration have enforced it then they have done their job correctly.

 

My issue with immigration is that the company I worked for sponsored me in November, as soon as I got thee they made it clear they could not afford me, I had no equipment to do the job I'm meant to do for 8 weeks. I was then bullied into them trying to make me leave and when I refused they made me redundant, although the post was immediately re advertised. During my time there my wages were reduced to below the minimum standard wage and after I left immigration were never informed by them only I contacted immigration. The company breached my visa conditions many times but yet are still able to sponsor through this stream. I understand workers on a 457 are 'disposable' but I wish there was a safeguard against bringing someone over without the ability to pay their wages.

Edited May 4, 2014 by obie81
Spelling mistake

[stevie129]

My issue with immigration is that the company I worked for sponsored me in November, as soon as I got thee they made it clear they could not afford me, I had no equipment to do the job I'm meant to do for 8 weeks. I was then bullied into them trying to make me leave and when I refused they made me redundant, although the post was immediately re advertised. During my time there my wages were reduced to below the minimum standard wage and after I left immigration were never informed by them only I contacted immigration. The company breached my visa conditions many times but yet are still able to sponsor through this stream. I understand workers on a 457 are 'disposable' but I wish there was a safeguard against bringing someone over without the ability to pay their wages.

 

Even though you are on the "disposal" 457 visa you still have basic rights as Maggie May correctly pointed out in a post... I would be inclined to contact fair work Australia again. Your company had breached one of the visa conditions automatically by paying below the minimum wage so really can't understand why immigration are not taking this up further.

 

Being on a 457 myself at one time ( what a headache!) I remember immigration stipulated in the visa notice certain legal obligations an employer has which are specifically designed for safe guarding an applicant.. One of them is the company paying for your flights home if they make you redundant etc

 

Not sure but might be worth contacting a MARA registered agent for advice.

[Rupert]

My issue with immigration is that the company I worked for sponsored me in November, as soon as I got thee they made it clear they could not afford me, I had no equipment to do the job I'm meant to do for 8 weeks. I was then bullied into them trying to make me leave and when I refused they made me redundant, although the post was immediately re advertised. During my time there my wages were reduced to below the minimum standard wage and after I left immigration were never informed by them only I contacted immigration. The company breached my visa conditions many times but yet are still able to sponsor through this stream. I understand workers on a 457 are 'disposable' but I wish there was a safeguard against bringing someone over without the ability to pay their wages.

 

Why is this an issue with immigration? I understand why you are aggrieved with your company of course, but immigration assess an application on the information they have available.

 

And separately I have to agree that immigration should not be concerned about your incomeless status, you are a temporary worker, if you are not required you should be prepared to leave, as should anyone coming to the country on a 457 visa.

[Joebloggs]

My issue with immigration is that the company I worked for sponsored me in November, as soon as I got thee they made it clear they could not afford me, I had no equipment to do the job I'm meant to do for 8 weeks. I was then bullied into them trying to make me leave and when I refused they made me redundant, although the post was immediately re advertised. During my time there my wages were reduced to below the minimum standard wage and after I left immigration were never informed by them only I contacted immigration. The company breached my visa conditions many times but yet are still able to sponsor through this stream. I understand workers on a 457 are 'disposable' but I wish there was a safeguard against bringing someone over without the ability to pay their wages.

 

Yes understandable, but if the conditions were so abhorrent and they wanted you to leave then you can report it to immigration and they can cancel your visa and you are allowed to leave. The employer has to pay for your removal (flights) otherwise immigration can just remove you and recover the cost from employer.

 

I agree there should be greater safeguard against such abuse, the 457 is far too easy to obtain they should make the process more stringent and maybe the employer should have to provide a large monetary bond where if they breach the conditions the money is gone.

[Blewyn]

If a company offers you an alternative position but you turn it down, can they take that as your resignation, which means no redundancy ? If so, does the alternative position have to be in Australia, or can it be in another country ?

[blossom]

If a company offers you an alternative position but you turn it down, can they take that as your resignation, which means no redundancy ? If so, does the alternative position have to be in Australia, or can it be in another country ?

The alternate position would have to be for the same job title, wage and location as your current one or they would need to get the 457 amended, which might not even be possible depending on what it is. The position becomes redundant. You haven't resigned if it isn't available any more. Are they trying to get out of officially making your redundant?

[Rupert]

If a company offers you an alternative position but you turn it down, can they take that as your resignation, which means no redundancy ? If so, does the alternative position have to be in Australia, or can it be in another country ?

 

Just putting aside the issue of the 457 to one side for a moment as the above is really more about employment law than immigration.

 

I have been involved in a lot of company restructures where I work and have handled many redundancy situations. The company can offer you an alternative position and you would have to take it or be deemed to resign, if it is deemed "equivalent" to your current role.

 

Equivalency has some subjectivity attached to it but there are a number of factors that would come into it the decision; it certainly does not have to have the same job title and the duties do not need to be the same, but it would for example be at the same seniority level, it may have the same or similar number of direct reports into it, it would require a similar skills set, it would be in a similar geographical location.

 

So no, offering you a position in another country cannot possibly be deemed to be equivalent and accordingly this cannot be justification to say this is a resignation not a redundancy.

 

If you were offered a genuinely equivalent role, then yes you need to take it or resign. There is just the added complication that you would have to get another 457 agreed.

[Blewyn]

Thanks ! If they make a redundancy offer, how long can I take to consider it ? Can they demand that I accept or decline there and then ?

 

My situation is that I work for a company that is looking at a downturn in activity for a while, and they have some Australian new hires that are a lot cheaper than me. I haven't been given notice yet.....