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457 - redundant - now what options do we have


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Hi all,

 

In a pickle at the moment. Been in oz for 14 months on a 457 visa and my hubby moved jobs about 3 months ago (new company) who offered him the world... plus it was a job he really wanted to do...

So............ he moved and today been told that the guy cant afford to keep him on and needs to chat to him as gonna have to let him go...

 

OMG... What options do we have.!!

 

My husband may have an option to work for a company in Perth (who said they will take over the 457 visa if he wants to work for them) BUT the cost of moving is sooooo expensive we are in Melbourne).

 

I have read that under conditions of 457 the employer has to pay for return to the UK if cancels the visa, can you claim for moving interstate?????

 

Also, does he have any rights so early on in his contracts regarding termination, when he done nothing wrong and the guy admitted to him that he cant afford to keep him on, hes sorry but bitten off more than he can chew .!!! Will he or can he claim any redundancy package after only 3months.

 

Elaine

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The employer does not have to pay for you to move interstate, they only need to pay for flights to the country for which you hold a passport. They don't need to pay your removals either just your flights.

 

Regarding redundancy pay, I don't think there will be any legal entitlement after 3 months service. Anything else will be down to what his contract says have you checked it?

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Unless there is anything in his contract there´s no entitlement to any redundancy pay, not even after almost 1year (like it was in our case). Try and negotiate with the Perth company if they will help out with your relocation, or if they won´t do it, maybe offer to pay that expense to them over 1 or 2 years if possible...

We are in the same ship regarding redundancy, so I know what you´re going through. Unfortunately we were sucked into a similar situation with the company employing my husband, offering to sponsor 856 visa after 1 year, guaranteeing they had plenty of work, and that the position wasn´t in any way linked to them earning 2 contracts my OH was going to do the bidding for, but 9 months later when the company failed to win them the position was scraped!!!

Best of luck to you!!!

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