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457 visa and resignation


Stewjc

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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 

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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.

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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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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.  

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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. 

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