457 visa and resignation

[Stewjc]

I have been in australia 1 year 3 months and feel my employer wants to let me go. They said they may make me redundant as we are getting funding cuts and that he would pay me 1 weeks wages. My contract states if either party breaks the contract it is 6 weeks notice so I'm a bit confused. Nothing in my contract about redundancy though!

I decided to resign as at least il get 6 weeks pay but I wanted to know-

If I resign do I get my flights home paid for my wife and I?

i will lose my deposit on my flat that I rent so are they obliged to pay that?

 

thanks 

[Dragonflygecko]

Hi Stewjc,

 

Would you not try and have your sponsorship taken over by a new employer or do you want to go home? Yes your employer is responsible for you while there but I think that goes for if you decided to stay unlawfully. Although you could ask, the least they could do is sort out your flights home.

[BadgerLady]

Surely the 1 week wages for redundancy is on top of a 6 week notice period?

[Stewjc]

Surely the 1 week wages for redundancy is on top of a 6 week notice period?

No, told me he would just give me one week.
My boss is a bastard and the main or only reason I want to leave.


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[Stewjc]

Hi Stewjc,
 
Would you not try and have your sponsorship taken over by a new employer or do you want to go home? Yes your employer is responsible for you while there but I think that goes for if you decided to stay unlawfully. Although you could ask, the least they could do is sort out your flights home.

I haven't tried but I'm in a pretty specialist job in sport so it's tough-I am happy to go home though yeah.
Did you mean that they would pay for flights-if they don't have to my boss would say no so I need to know legally what they have to do.


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[Guest]

I'd perhaps have a good read of this and see if it sheds any light.

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

I did read elsewhere that the employer is under an obligation to pay your flights out of Aus (though they may not be the route/airline etc you might prefer, just whatever is available and so on) 'when the employment relationship ceases' but I've no idea if that would be the case if you were made redundant.

I'd suggest professional advice from a decent agent perhaps.  

[blossom]

I'd give fairwork Australia a call. They are very friendly. And yes they are required to pay your flights home. Just that though and they can choose which airline etc. 

[ScottieGirl]

27 minutes ago, blossom said:

I'd give fairwork Australia a call. They are very friendly. And yes they are required to pay your flights home. Just that though and they can choose which airline etc. 

No obligation to pay your flights if you resign. 

[VERYSTORMY]

58 minutes ago, ScottieGirl said:

No obligation to pay your flights if you resign. 

That is incorrect. All 457 visa holders are entitled to having their flight paid for by the employer regardless of why the employment ceases.

[Immigration Room]

The obligation to pay for flights home is present but the request must be made in writing.
SJ
1277001


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[blossom]

Yeah. No matter why you leave, they have agreed to pay for you to leave the country. 

[drewbty]

On 28/04/2017 at 11:55 PM, ScottieGirl said:

No obligation to pay your flights if you resign. 

Why do people write jibber like this with such certainty when they're 100% wrong. Especially on such a definitive statement as whether something is correct or incorrect. Please think before you do this again.