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Employer obligations when terminating employees on 457 visa


STEVEPEACOCK

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I have recently been made redundant and now making plans to return to the UK. I came across to Australia with this employer and they did pay all initial relocation costs although they are not prepared to do so for the return journey. The rules on return seem vague and I have seen various posts that employer obligations are simply to pay our fares home or "Employers are obliged to pay the reasonable repatriation costs of the employee and family members if requested to do so".

 

Can anyone offer any clarity on this and links to legislation if it is available.

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Statutory law is that they have to pay your repatriation (ie your fares home as people) but not other relocation costs (like shipping of personal effects)

 

Some companies pay relocation costs, but they don't have to and it will have been in your contract of employment. Eg my employer pays people on 457s who return their relocation costs including shipping. If you don't have anything in your contract about this and they aren't willing to pay for it, then there's your answer I'm afraid

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  • 1 month later...

The above booklet says

 

"The costs will be considered reasonable and necessary provided they:

1. include travel from the sponsored persons’ usual place of residence in Australia to the place of departure from Australia

2. include travel from Australia to the country (for which the person holds a passport) specified in the request to pay travel costs, and

3. are for economy class air travel or, where unavailable, a reasonable equivalent.

Travel costs must be paid within 30 days of receiving the request."

 

This poses an interesting question. Let say an employee lives in Melbourne and works for an employer based in Melbourne. Before leaving Australia for good, as his employment is now terminated, he would like to tour Brisbane, as he has never been.

 

Could he have asked for cost of travel to Brisbane from Melbourne, plus cost of travel from Brisbane to London. Assume the two flights are 2 weeks apart, allowing that person to have 2 weeks to tour Brisbane.

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The above booklet says

 

"The costs will be considered reasonable and necessary provided they:

1. include travel from the sponsored persons’ usual place of residence in Australia to the place of departure from Australia

2. include travel from Australia to the country (for which the person holds a passport) specified in the request to pay travel costs, and

3. are for economy class air travel or, where unavailable, a reasonable equivalent.

Travel costs must be paid within 30 days of receiving the request."

 

This poses an interesting question. Let say an employee lives in Melbourne and works for an employer based in Melbourne. Before leaving Australia for good, as his employment is now terminated, he would like to tour Brisbane, as he has never been.

 

Could he have asked for cost of travel to Brisbane from Melbourne, plus cost of travel from Brisbane to London. Assume the two flights are 2 weeks apart, allowing that person to have 2 weeks to tour Brisbane.

 

I don't think you can ask employer to fund a little holiday no.

 

:laugh:

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Would costs to & from airport be included in this ?

 

 

It it would definitely include the costs of travel to the airport, as it says 'includes cost of travel from persons usual place of residence to point of departure.'

 

However it wouldn't include costs from the airport as it only covers travel costs of returning you to the country for which you hold w passport. So once you're back in the uk, you're on your own, I'm afraid

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I don't think you can ask employer to fund a little holiday no.

 

:laugh:

 

well, not the holiday in Brisbane itself but wouldn't cost of travel from Melbourne (usual place of residence) to Brisbane (point of departure from Australia) falls within what the first bullet point says?

 

You're probably right anyway but I'm just asking out of curiosity

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well, not the holiday in Brisbane itself but wouldn't cost of travel from Melbourne (usual place of residence) to Brisbane (point of departure from Australia) falls within what the first bullet point says?

 

You're probably right anyway but I'm just asking out of curiosity

 

 

No because you would have to show the costs are reasonable and necessary... It's not necessary to fly out of Brisbane to London when there are probably 20 flights a day out of Melbourne which will get you to London

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