earlneath

I am moving to Oz on a 457 with my (blue chip) employer; a 2-year contract. We have agreed everything in the contract bar an instant dismissal clause, which states:

"Should your actions warrant instant dismissal, no notice or payment in lieu of notice will be given."

There is nothing about acting reasonably and no explanation of when this could operate. It seems I could be sacked on a whim. I have resisted this but they are not budging. I have even spoken to their in-house counsel who said shet has this in her contract and it is standard policy etc trust us we're reasonable (to which I said then why wont you agree to a clause binding you to act reasonably)...

So I must find other means to get comfortable with this. Would a large employer use this unscrupulously to avoid notice? Am I protected against unfair dismissal if I am on a fixed term contract?

thebears

Their should be a company handbook which outlines actions it considers suitable for "instant dismissal".

If the company is taking the trouble to bring you out and incurring any cost for this they would be stupid to be looking to get rid of you in the 2 years. However it is a clause in case you do turn out to be a plonka - which I dont get the impression you are.

So chill and Welcome to Australia

Nomore

Some friends of ours are sponsored on a 457 visa. He had the same problems. Unfortunatley they are returning to the UK next week. Sponsor ended abruptley!
Hope you have more luck..( your not a troll)

Billabong

If a company in Oz has less that 100 employees they can get rid of anyone anyway (John Howard's new IR Law). The bigger companies do have comply with slightly tougher legislation.

sid_s

I wouldn’t be too worried about this clause. The statement itself is reasonable: ie if your actions did warrant instant dismissal (like, you attacked someone!) they wouldn’t give you notice or pay you out. But they would still have to prove that your actions did warrant instant dismissal and that may have to stand up in court.

Also, if it’s a large company and you’re confident they have decent HR procedures in place, it shouldn’t in practice be possible for somebody to be sacked on a whim by some lunatic.

The reality is though that if you’re transferring from a job where you’re protected by UK law and have a few years’ service (therefore redundancy entitlements) to a position here where you are effectively a new employee you may lose a lot of the protection you currently have. But then that’s the risk for anyone moving jobs, I guess you just need to understand your position and make sure you’re comfortable.

JAJ

You should be a lot more concerned about your visa status - on a 457, if your employment ends and you can't find a new sponsor, you have to go home.

Why not accept the clause if they will sponsor for a permanent visa?

At the same time you say you are moving with your existing employer. So shouldn't the contract contain fundamentally the same terms as your existing contract, if you're basically going as an expatriate. Is that the case?

Centurion

Reasons for instant dismissal are obvious. However, they are also defined.

http://www.wageline.qld.gov.au/endin...dismissal.html

That may help you.

Personally I dont think its unreasonable at all. Frankly if they want to fire you they will anyway and to hell with the consequences. Alternatively just contrive a situation.

AmandaJ

Agree with previous responses, if the organisation has over 100 employees in Australia then you do have some protection against unfair dismissal.

Instant dismissal will normally only occur in cases of gross misconduct, examples of which will be identified in the company's employment policies or staff handbook.

If you are transferring with an existing employer, you can request that they include continuity of service as you are still employed by the same organisation. The may afford you greater protection whilst in Australia, but will also ensure continuity of service is you return to the UK with the same employer at the end of your 2 year contract.

Rgds
AJ

earlneath

Thanks all for your comments. Haven't checked out that link but my concern is that as I am on a defined term contract of 24 months, unfair dismissal legislation appears not to apply to me (carve out similar to that for organisations with fewer than 100 staff).

Never having been to Oz, 457 suits me fine and I have a guaranteed right of return to the UK with my employer. Plus the LAFHA will help...

I guess I'll have to take a view...