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Fired without a reason by a sponsor


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Hi there

I'm posting for a relative who is still in shock. He was doing all his best in his work. his employer has been praising his dedicated work for the company. he's always been promised to be sponsored, untill the day he wasn't on the roster. He asked his employer if he'd been forgotten. The employer had a rassuring answer that they didn't have enough work for everyone and that the perment workers are the priority. But everything will be back on track as soon as possible.

A week later, my relative received a sms where he's told he is no longer part in the company. He is in a state of shock, with noone to comfort him, as the family are miles away, in the other side of the planet. It's unfair and unhuman. I have been relieved to find your forum to seek some advices, as I'm clueless in the country's working does and donts. 

Is the employer's manner to sack people without even a face to face interview legal in Australia? Is there any other alternative for this?

Thank you so much for your help

 

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You may need to supply a little more information for people to offer an opinion e.g. What visa was he on, how long had he worked for the company - it's sounds like he wasn't a permanent employee (with you saying they would get priority).

If he was just on a casual contract then sadly, they can just say there isn't any work.

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Thank you for your quick reactivity. He is on a student visa. He has a year last to end his studies. but he was relying on this sponsorship to carry on his studies, as he is short on money. He wasn't a permanent employee. he's been working the students allowed 20 h/W during his studies, for six months or so. And for the full time during the holidays. He's been working untill 60 h/w in December. His employer couldn't stop praising his good work. He was far from guessing this disaster. All his plans seem to be doomed, by his employer's unfair and "hypocritical" decision, as he calls it.

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It sounds like he was a casual employee - the employer in a way did give him a reason saying there was not enough work and that permanent employees would be given priority.  I don't think the way they've gone about it is very nice, but I don't know if there is anything he can do about it - he needs to look at his contract 

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Yes he was a casual employee. I get it that the permanent ones are the priority, indeed. My question was actually about the manner this employer used. Is it legal to praise someone work, to make a promise ofr a likely sponsor, to dump them, afterwords?

Thank you so much for your help

Have a nice day

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I am not aware of it being illegal to end a casual employees employment. Its not great, I get that but as a casual there is no certainty of any work and the hours are just that, casual.

The employer was not a sponsor. Your relative is on a student visa. He can seek other employment on it can't he? I'd be out there applying for any jobs I felt I was able to do. Chances are they will be casual again and so he can't expect more than casual hours and so on. 

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He can go back to his studies and try and find part time work to make ends meet. Students are supposed to go home once they’ve finished their course so he doesn’t have much of a leg to stand on, he was casual, there was no obligation for anyone to sponsor him and permanent employees have to take precedence.

Please don’t play the “unfair, inhuman” card, he knew he was a part time casual employee, lucky to get anything because he’s supposed to be there as a student who should have been expecting to go home once his course is finished.

If he can’t afford the costs of being a student in a foreign country perhaps he should cut his losses now and hope there is some RPL for the course he has done in order to finish it in a domestic institution.

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He's been promised to be sponsored because the work he's doing is on the skilled list. Many of his university friends had their sponsorship fullfilled. Hence this "injustice" feeling. He feels he's got to deal with a dishonest employer. We are from a country where a word given means a lot.

 

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Nothing he can do. On a student visa you are very lucky to be able to stay in the country. Some get lucky but his reason for being there is as a student. He needs to concentrate on his studies, find another part time job and return home after his studies have finished as per the visa conditions. If by some miracle he manages to find a sponsor one day then ok but he cannot play the it's unfair card. The employer gave him a casual job and praised him for his good work. Unfortunately there isn't enough work to keep him on. Sure he may have done a smashing job and that was recognised which is nice. The employer has had to let him go and has given an explanation as to why. All is in order, he needs to search for a new, part time job.

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