457 - Repayment of relocation costs

[crazy8]

Hi folks,

 

I quit my 457 sponsored job. There was too much overtime at odd hours on weekends and public holidays, with the only compensation being time in lieu(at a rate of 1:1, no extra time provided for working Sundays/nights/public holidays). I also found out that my salary was not very competitive at all. They ignored these and other complaints and gave me all the unwanted tasks, no doubt thinking that they had me tied up in the contract and visa. I have since found a much better job with a new sponsor.

 

Although I had signed a contract with the initial 457 sponsor declaring I would pay back any costs incurred by the company in recruiting me(pro-rata for 3 years) I also understand that I do not have to honour unlawful obligations.

 

They want me pay back a bunch of expenses they incurred. They paid for one month's accommodation in a apartment and a flight over for myself(and not for my defacto partner!). I understand that an employer can not seek to get back any recruitment costs including costs paid in connection with finding and attracting an employee(from the Immi website). I would not have taken the position if I had had to pay for the these costs while also looking for somewhere to live. Any opinions on what my obligations are here?

 

I would appreciate hearing from anyone who has had a similar situation and how it ended. I will also contact fair work this week and ask for their advice. Has anyone used them before?

Also, can anyone recommend a lawyer/law firm who has experience with immigration contract law?

 

Btw, have done a search but couldn't find relevant posts(and besides, the regulations seem to change every year).

 

Many thanks for any advice

[AJ]

I think it is only costs of becoming a sponsor or fees to a recruitment agency that they cannot ask you to pay for. If you have signed a contract stating you would repay other costs within a certain time period I would think you are still liable.

Edited December 12, 2014 by AJ

[ali]

I think they are only obligated to pay for your flight home.

[scattley]

The flight costs they have to pay but the relocation costs (if you are talking about your furniture etc) and accommodations costs they can get back from you if you have not spent three years with them. This has nothing to do with your 457 visa.....it is a standard legal agreement you have entered into with them that happens when you move interstate for a job or from the country to the city. My own contract moving from Perth to Sydney with the same company had it in there. They can take you to court if you do not pay it back - and they will. The same agreement come into play for when they pay for courses like masters...you have to pay it back if you leave the company within a couple of years. The costs you would have to pay back should have been a consideration you made before you quit...that you didn't does not excuse you from paying them back, it was your mistake

Edited December 12, 2014 by scattley

[Joebloggs]

The legal obligations for 457 sponsors are not to recover costs for Nomination, Sponsorship Registration, visa application costs, Migration agents and the cost of the flight home as per immigration rules.

 

 

They would be within their rights to recover your flights to Australia and any relocation costs ie. hotel etc if you had agreed to it in the first place....ie signed a contract.

[MaggieMay24]

As others have said, they can't seek reimbursement of costs for sponsorship or nomination. Any other costs (flights, accommodation, etc.) they absolutely can recover from you as per your employment contract. Your employment contract is a legally binding document.