Davide1042

Hi All, I came to Oz in July 2014 on the promise OF A role which has never materialised, now due to a re org the company are trying to make me redundant, so my question is as the job never existed what are my rights? what is their level of responsibility re. repatriation?

Thanks all

Bermudashorts

The immigration rules state that they would need to provide you and anyone else on the visa with a flight home.

Anything more than flights would depend on what you negotiated in your contract.

There is no protection against redundancy. In view of the sort time frame, I don't know if you would be entitled to any redundancy pay, but it would be pretty small anyway.

spouse of scouse

Sorry to hear of your difficulties, David. Re the job - how can the company make you redundant when you didn't work for them/the job didn't exist in the first place?

Dorothy

So if the role never materialised what have you been doing these past 4 months?

Pollyana

The job must have existed in a soid enough form t covnce DIP to offer you a visa. And a 457 is dependent on youbeing emploed by that secific employer therefore if the job never existed that would mean you were never employed, and thus may find your visa is aready null and void.

JAJ

The visa might be subject to cancellation, but would not become "null and void".

Pollyana

Poor use of words maybe. If the job never existed though, where do you think that leaves him? How can you have a 457 approved for a job that doesn't exist.

JAJ

That's probably not what the Department of Immigration was told. Not much more than can be recommended other than for the individual concerned to get experienced professional assistance. Also depends on what is the desired outcome - repatriation to home country, or remaining in Australia (which may or may not be possible).

msmyrtle

I could see this scenario happening in my industry (construction) quite easily without any nefarious intent by either the OP or the company.

Say the OP is brought over as a construction or project manager for a project that is about to be signed. For whatever reason the project gets put on the back-burner for a year while funding is restructured. OP has now arrived to be in charge of a project that may or may not even happen.

The company wants to keep the OP around, so he's put in the head office helping out with tenders or helping another PM close out their job. But now he's an overhead, not directly involved in a project that earns the company money. Three months into it the company realizes that the project won't be going ahead and they restructure the project staff and cut out OP's position.

I have no idea what the OP's profession is, but I could see that happening in my line of work and it is very common (more so now and in the last 3-6 months)

Bermudashorts

I am in a completely different industry to you and I also didn't think there was anything remotely unusual about the situation. Sometimes things change and it sounded like this did along the way.

TeeTMI

The OP should check the conditions on their visa (check your grant letter).

Both the employer and visa holder have conditions they are obliged to meet in respect of the visa.

I would also suggest you check your contact details with DIBP are up to date and to check VEVO.