Draco04 Posted August 31, 2014 Share Posted August 31, 2014 Any advice would be very much appreciated... I'm on a 457 and have 15 months left on it, no problems with work until now.... My boss has told me there's no work for me and he won't make me redundant as he's not prepared to pay me anything and has asked me to resign.... I'm not going to but I don't know what to do now? Any ideas? Cheers, Diana Link to comment Share on other sites More sharing options...
Guest Posted August 31, 2014 Share Posted August 31, 2014 It wil make no difference to your visa whether you resign or are made redundant, either way you will have 90 days to find another employer willing to sponsor you before your visa is cancelled. I agree you should not resign but since your current employer will almost certainly be asked for a reference I would do what you can to keep relations good - you need to start looking for work immediately so tell your employer that you will resign as soon as you have another job - perhaps they can help you find one? It is in both your interests - they don't need to pay redundancy money (which would be very little anyway) and you get to stay in Australia (assuming that's what you want?) In parallel to trying to secure alternative employment I would speak to a migration agent about your options for independent migration - I am not sure if you would be able to get a bridging visa enabling you to stay in Australia, I don't think you can in your circumstances but it is worth exploring. I would also start to consider extracting yourself from any contracts - car finance, mobile phones, property leases etc. so that you are ready to depart as painlessly as possible if it comes to that. An awful situation to find yourself in but not that unusual on a 457 visa so hopefully someone will be along who can offer advice based on their experiences. Link to comment Share on other sites More sharing options...
wolvesaussie Posted August 31, 2014 Share Posted August 31, 2014 If u quits, I presume they wont pay moving back to UK expenses? But if they get rid of u they will have to? Link to comment Share on other sites More sharing options...
lebourvellec Posted August 31, 2014 Share Posted August 31, 2014 If u quits, I presume they wont pay moving back to UK expenses? But if they get rid of u they will have to? They have to either way. Link to comment Share on other sites More sharing options...
Wellers and Whitehead Posted August 31, 2014 Share Posted August 31, 2014 I'd run it past legal..the implications could vary depending on what route you take Link to comment Share on other sites More sharing options...
wakeboard1980 Posted August 31, 2014 Share Posted August 31, 2014 Look for another job, and tell them to do the right thing,they hired you in the first place now want to save a bit of money, I know what kind if conversation I would be having. Link to comment Share on other sites More sharing options...
Suzukiscottie Posted August 31, 2014 Share Posted August 31, 2014 Start looking for a new sponsor now. Before the 90 day clock starts clicking. If you wait until your employer makes whatever decision they have to make, then you've given yourselves additional time to sort things out. Resign, and your click starts ticking now. Link to comment Share on other sites More sharing options...
Draco04 Posted August 31, 2014 Author Share Posted August 31, 2014 I am going to seek advise from fair work Australia and immigration but I'm sure that it's illegal to finish me without any redundancy money, and I'm under the impression that if I resign then my chances of finding another sponsor under that circumstance is limited.. Looks very bad for me type thing i will definitely start looking for a new sponsor... But all this has been by phone call so far and even though I've been told not to go into work, I've been advised that if I don't at least go in and make myself 'available for work' that they could fire me on 'abandonment of work'.... Yes I want to stay here and it's extremely important for me to do so but surely what he's trying to do is illegal not to mention extremely unfair? lady rainicorn : I've been with the company for 2 and a half years so in addition, the redundancy money would help towards keeping myself afloat for the 90 days ish until I find another job, I agree re keeping relations good but like I said before, surely he can't do this? Link to comment Share on other sites More sharing options...
Suzukiscottie Posted August 31, 2014 Share Posted August 31, 2014 Document everything. Not a good situation to be in, but you have to cover your own backside. Link to comment Share on other sites More sharing options...
Draco04 Posted August 31, 2014 Author Share Posted August 31, 2014 It's a really horrible situation to be in and I agree with you re document everything... I think I'm doing the right thing by going in in the morning and then when I'm told there's no work for me I'm going to ask of I'm going to be paid.. Re the obligation the company has to me through the sponsorship and when they say no I'm going to ask for it to be put in writing... Then call immigration and the fair work people..... I can't believe my boss is doing this to me.... Like I said, I've been there for 2 and a half years and I know other people are being made redundant, not just me but my boss said that because he'd done right by me giving me a job etc, that I should do the right thing and resign!!!!! It's a joke surely?!!! Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 31, 2014 Share Posted August 31, 2014 If you've given up on maintaining good relations with your boss, maybe say you'll resign as soon as you find another job, and remind him that if you can't and he lets you go he still has to pay for your flight back to the UK. Surely keeping you on for a little while longer is cheaper than flights back. Link to comment Share on other sites More sharing options...
Pumpkin Posted August 31, 2014 Share Posted August 31, 2014 Well I would not roll over on this. I would tell your boss that you have absolutely no intention of resigning. If he has no work for you then he needs to make you redundant. No ifs or buts, that is the law. Link to comment Share on other sites More sharing options...
newjez Posted August 31, 2014 Share Posted August 31, 2014 What size of company is it you work for? What industry is it in? Is there a downturn in this field, or just with your company? Link to comment Share on other sites More sharing options...
Guest JayZ Posted August 31, 2014 Share Posted August 31, 2014 A lot of good advice in this thread, and I doubt it's just Aus relevant for some of it. One thing that no one has mentioned, is there an individual trade union that covers your sector? Much as I personally don't agree with the ethos of many in the UK, they do tend to be very good as being tenacious in standing up for your rights, and may well be able to offer you more in depth guidance and representation. So far as references are concerned you can easily enter into the dialogue with prospective employers around the facts of the situation that may marr your potential reference from your current employer, forwarned is fore armed so to speak. Something along the lines of "... whilst I really want to support my current employer with their current financial/overstretch phase by offering my resignation I can appreciate their request for me to hand my notice in. I would rather have a new job to go to so that I can further assist them with this". Cover all your bases and make a negative situation a positive one. Chances are you may not get a positive reference in the end anyway as you didn't immediately roll over and pack up your gear and you continue to go to work after he's told you not to. Presumably you can draw on references from pre-move? Link to comment Share on other sites More sharing options...
Draco04 Posted September 1, 2014 Author Share Posted September 1, 2014 Woohoo I stuck by my guns and after a fair few taxing emails I won!!!! Going into the office today to sign off on everything I'm entitled too!! And now my 90 days to find another sponsor starts!! Wish me luck!! thank you to everyone for your support and advice, it's all been very much appreciated indeed xx cheers all xx Link to comment Share on other sites More sharing options...
oppyddrum Posted September 3, 2014 Share Posted September 3, 2014 Goodluck, I really hope you find something in the 90 days. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.