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Do i have a leg to stand on?


Jackiepars

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Hi all

 

I am looking for some advice on a work issue. My family moved here in April 2015 after i was successful at interview in securing a job in a hospital in Victoria. I am a doctor and was to be leading a new department in my own UK speciality (which is a new speciality for much of Australia). This was a career move for me and would build on my previous UK experience.

 

So, i moved my family (along with my newborn child and a very stressed wife) to take up this position. As you know, there is significant cost attached to a move like this (it was $40k for us) and the hospital contributed enough to cover our shipping.

 

Unfortunately some 2 months after i started work, I was informed via group email that the department would close due to lack of funding. I was stunned and gutted! So now i am doing a very general job not in the area I trained in and would certainly not have moved my family 10,000 miles for.

 

We have decided to return to the UK so I can continue to work in my specialist field but hoped that the hospital may have offered some financial assistance given the part they have played in the mess. They have refused as I still have a job with them, given not the one i applied for.

 

It seems that there is nothing I can do?? I want to secure a good reference and worry that pursuing this could jeopardise that. However, if this is something we are entitled to i don't want to be a pushover. I moved my family out here for this career progression at a time where my baby had just been born and my wife was beyond stressed. But we thought the job would make it worth it.

 

Does anyone have any experience in this type of matter?

 

I should mention that we are on a 457 visa.

 

Best Wishes

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Under the 457 visa, I thought the hospital had to pay for your flights only. They are not obligated to pay any assistance with shipping etc. Others experience has been that the flights aren't often the most convenient time wise or the most direct (they'll probably go for the cheapest option).

 

You need to make the request in writing - taken from the link below: pay reasonable and necessary travel costs to allow you and your family members to leave Australia, if requested in writing by you, your family or DIBP on your behalf

 

https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/457-visa-holders-workplace-rights-and-entitlements

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Thanks for that. Their contribution of $10k to our costs to get here was able to be used as we chose. So we put it to the shipping. Ok, thats interesting. We've already booked our flights mind you but wonder if they would reimburse us for them. I find it odd that they have point blank refused to give anything, nor admitted that they've mucked us around. I suppose they wouldn't though would they?

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That's a very generous relocation package they gave you. You need to make a request in writing, they may not give you the cost of the flights that you have paid .. remember it says reasonable (not most direct or most convenient), so if they could have got them cheaper they may offer you that.

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Relocation packages are pretty rare these days. I was lucky in that regard. But it's only a one-way thing.

 

The relocation package is to entice you to accept the offer to move. They don't need to "entice" you to leave at a later date if circumstances change. Flights only.

 

 

Sent from my iPhone using Tapatalk

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Do i have a leg to stand on? - but you're a doctor, if you can't tell....

 

 

On a more serious note, I would suggest that you carefully check your contract/terms of employment letter: my contract stated that if I left within 2 years of starting my job, I would have to payback a percentage of ALL the costs incurred by the company in getting me to Oz. Your employer only has to pay for flights back to your point of origin, but they decide the routing/cost to suit themselves; they do not have to take your wants/needs into consideration, so you need to understand that as well before you end up even more 'out pf pocket'

 

I want to secure a good reference and worry that pursuing this could jeopardise that. Personally, I wouldn't worry about that - you're not the first, and you won't be the last. Your last UK employer should vouch for you - all you have to do for your next job it explain the circumstances surrounding your decision to leave Oz.

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Both you and the hospital may have breached your visa conditions by moving you to a role different to what you were hired for.

 

You could, potentially have a bargaining point with this - I am sure they would not want to see themselves barred from future 457's

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