457-Unfair Dismissal & Workers Comp
Jul 16th 2015, 3:22 pm
#1
Just Joined
Thread Starter
Joined: Apr 2015
Posts: 4
457-Unfair Dismissal & Workers Comp
Hi
I'll try summarise;
Husband was terminated with immediate effect last week for reasons he believes to be unfair & covertly related to a workplace injury. Already lodged an UD Claim with FairWork and have consulted a lawyer.
Lodged a WorkCover claim on Lawyer & Doctors advice. Injury has been ongoing and documented over 2 months. Reluctant to lodge this on a 457 but having been terminated was left with no option.
So we now have 90 days to wrap up almost 5 years here, employer had lodged the nomination for ENS so obviously that's not going to happen now. He's been signed off work for 4 weeks - injury is sciatica & arthritis from continuous lifting, meaning finding another sponsor is unlikely.
I'm a teacher and need to give a terms notice so will need to tell my school this Monday what's transpired over the holidays
as it stands I'll need to leave after T3.
WorkCover seem to think if his claim is accepted the 457 condition of not working should not be in jeopardy, when I called immigration they told me that they couldn't give me a specific answer unless I gave them my passport number, I freaked out of course and got no actual info.
We've decided we'd ideally like to leave in December, the 90 days takes us to Oct 5th so my question is; has anyone been in or heard of a similar situation, or should I just bite the bullet and call immigration with the facts tomorrow and get some actual advice? Regarding extending....
Worst case: compo claim declined, he can't work for 3 months, living on 1 wage, savings will be $15000 off end of year target. Home in October.
Please share your thoughts?
I'll try summarise;
Husband was terminated with immediate effect last week for reasons he believes to be unfair & covertly related to a workplace injury. Already lodged an UD Claim with FairWork and have consulted a lawyer.
Lodged a WorkCover claim on Lawyer & Doctors advice. Injury has been ongoing and documented over 2 months. Reluctant to lodge this on a 457 but having been terminated was left with no option.
So we now have 90 days to wrap up almost 5 years here, employer had lodged the nomination for ENS so obviously that's not going to happen now. He's been signed off work for 4 weeks - injury is sciatica & arthritis from continuous lifting, meaning finding another sponsor is unlikely.
I'm a teacher and need to give a terms notice so will need to tell my school this Monday what's transpired over the holidays
as it stands I'll need to leave after T3. WorkCover seem to think if his claim is accepted the 457 condition of not working should not be in jeopardy, when I called immigration they told me that they couldn't give me a specific answer unless I gave them my passport number, I freaked out of course and got no actual info.
We've decided we'd ideally like to leave in December, the 90 days takes us to Oct 5th so my question is; has anyone been in or heard of a similar situation, or should I just bite the bullet and call immigration with the facts tomorrow and get some actual advice? Regarding extending....
Worst case: compo claim declined, he can't work for 3 months, living on 1 wage, savings will be $15000 off end of year target. Home in October.
Please share your thoughts?
Jul 16th 2015, 11:15 pm
#2
BE Forum Addict
Joined: Nov 2007
Location: Scotland
Posts: 3,337
Re: 457-Unfair Dismissal & Workers Comp
I would seek proffessional advice from a good agent. I would give Go Matilda a call.
Jul 17th 2015, 1:22 am
#3
has lost The Game
Joined: Apr 2005
Location: Chippendale, Sydney
Posts: 8,735
Re: 457-Unfair Dismissal & Workers Comp
Hi
I'll try summarise;
Husband was terminated with immediate effect last week for reasons he believes to be unfair & covertly related to a workplace injury. Already lodged an UD Claim with FairWork and have consulted a lawyer.
Lodged a WorkCover claim on Lawyer & Doctors advice. Injury has been ongoing and documented over 2 months. Reluctant to lodge this on a 457 but having been terminated was left with no option.
So we now have 90 days to wrap up almost 5 years here, employer had lodged the nomination for ENS so obviously that's not going to happen now. He's been signed off work for 4 weeks - injury is sciatica & arthritis from continuous lifting, meaning finding another sponsor is unlikely.
I'm a teacher and need to give a terms notice so will need to tell my school this Monday what's transpired over the holidays as it stands I'll need to leave after T3.
WorkCover seem to think if his claim is accepted the 457 condition of not working should not be in jeopardy, when I called immigration they told me that they couldn't give me a specific answer unless I gave them my passport number, I freaked out of course and got no actual info.
We've decided we'd ideally like to leave in December, the 90 days takes us to Oct 5th so my question is; has anyone been in or heard of a similar situation, or should I just bite the bullet and call immigration with the facts tomorrow and get some actual advice? Regarding extending....
Worst case: compo claim declined, he can't work for 3 months, living on 1 wage, savings will be $15000 off end of year target. Home in October.
Please share your thoughts?
I'll try summarise;
Husband was terminated with immediate effect last week for reasons he believes to be unfair & covertly related to a workplace injury. Already lodged an UD Claim with FairWork and have consulted a lawyer.
Lodged a WorkCover claim on Lawyer & Doctors advice. Injury has been ongoing and documented over 2 months. Reluctant to lodge this on a 457 but having been terminated was left with no option.
So we now have 90 days to wrap up almost 5 years here, employer had lodged the nomination for ENS so obviously that's not going to happen now. He's been signed off work for 4 weeks - injury is sciatica & arthritis from continuous lifting, meaning finding another sponsor is unlikely.
I'm a teacher and need to give a terms notice so will need to tell my school this Monday what's transpired over the holidays
as it stands I'll need to leave after T3. WorkCover seem to think if his claim is accepted the 457 condition of not working should not be in jeopardy, when I called immigration they told me that they couldn't give me a specific answer unless I gave them my passport number, I freaked out of course and got no actual info.
We've decided we'd ideally like to leave in December, the 90 days takes us to Oct 5th so my question is; has anyone been in or heard of a similar situation, or should I just bite the bullet and call immigration with the facts tomorrow and get some actual advice? Regarding extending....
Worst case: compo claim declined, he can't work for 3 months, living on 1 wage, savings will be $15000 off end of year target. Home in October.
Please share your thoughts?
My initial thought is could you not apply for Permanent Residence as the main applicant using your teaching skills?
S
Jul 17th 2015, 7:41 pm
#4
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,803
Re: 457-Unfair Dismissal & Workers Comp
OP -don't ask DIBP for advice, they will not know or care. Get professional assistance from a good MARA agent.
