457 unfair dismissal

[Sinead84]

Hi all, 

Any advice you could give on our current situation would be really appreciated, summary below: 

• Worked for a construction company since April 2014 
• After the 2 year period they agreed to start the process of PR (transition stream) 
• The company strung us along for over a year saying they would start the process       
• In April, they agreed to allow our migration agent complete their nomination and we paid $2500 to the agent to start the process
• Start of June, my partner is terminated
  • He received an email in Jan to say he was "on a warning" from the construction manager 
  • He was never given any guidelines as to how to "improve" his performance 
  • During this time the construction manager was demoted and the current construction manager agreed to process our PR application

Has anyone had any experience in dealing with the fairwork commission and whether we should seek legal advice about this?

 

Any help would be really appreciated. 

[VERYSTORMY]

I would seek urgent legal advice and advice from a good migration agent as your 60 day clock is now ticking.

[Quoll]

Absolutely, talk to a registered migration agent! Remember, though, that your employer is responsible for paying for your fares back to UK, don't let them try and wriggle out of that.

[wrussell]

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we paid $2500 to the agent to start the process

It is illegal for a visa appplicant to pay for costs associated with a nomination.

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your employer is responsible for paying for your fares back to UK

Only if a request is made BEFORE the 457 visa is cancelled.

 

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Has anyone had any experience in dealing with the fairwork commission and whether we should seek legal advice about this?

In my experience, if the ABN holder deregisters, the commission is deprived of jurisdiction.

You might want to take legal advice about this  and about the benefit an application might bring an unemployed applicant with no work rights.

[Sinead84]

Thanks for all the advice guys, i'll let you know the outcome once we have it. Lodging unfair dismissal application with Fairwork tomorrow. 

[VERYSTORMY]

Speak to a good migration agent urgently. Lodging with Fairwork may not stop the clock ticking on your 60 days but may take longer than 60 days to process. Also, Fairwork have more limited powers in the case of someone on a 457 as it is impossible for Fairwork to reinstate a visa.

[Phoenix16]

2 hours ago, Sinead84 said:

Thanks for all the advice guys, i'll let you know the outcome once we have it. Lodging unfair dismissal application with Fairwork tomorrow. 

I think you got some good hints from Wrussel, if you are committed to staying in OZ I think you need to contact them and get some expert advice, the 457 visa is definitely not what it used to be and at this stage i would prioritise whether you want to remain in OZ or not, focus on your now visa issues and don't get embroiled in an employer situation xxxx

[Phoenix16]

AND we have all heard the 'horrible' employer situation for 457 visa holders, it begs the question whether the government did the right thing...many will protest but looking objectively..........and knowing how expensive this country really is............

[Sinead84]

We've decided to go home, the last year has been stressful visa wise a we've been eligible for permanent residency for a year now and with this firing its no longer an option with a new employer. That's the main reason we're going down the unfair dismissal route.  Thanks for all your advice guys.