457 Employer issues

Old Nov 27th 2014, 6:48 am
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Default 457 Employer issues

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
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Old Nov 27th 2014, 6:54 am
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Default Re: 457 Employer issues

Originally Posted by Davide1042 View Post
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
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.
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Old Nov 27th 2014, 11:50 am
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Default Re: 457 Employer issues

Originally Posted by Davide1042 View Post
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
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?
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Old Nov 27th 2014, 10:09 pm
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Default Re: 457 Employer issues

Originally Posted by Davide1042 View Post
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
So if the role never materialised what have you been doing these past 4 months?
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Old Nov 28th 2014, 3:51 am
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Default Re: 457 Employer issues

Originally Posted by Davide1042 View Post
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
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.
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Old Nov 28th 2014, 4:47 am
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Default Re: 457 Employer issues

Originally Posted by Pollyana View Post
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.
The visa might be subject to cancellation, but would not become "null and void".
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Old Nov 28th 2014, 8:32 am
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Default Re: 457 Employer issues

Originally Posted by JAJ View Post
The visa might be subject to cancellation, but would not become "null and void".
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.
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Old Nov 29th 2014, 1:18 am
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Default Re: 457 Employer issues

Originally Posted by Pollyana View Post
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.
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).
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Old Nov 29th 2014, 4:28 am
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Default Re: 457 Employer issues

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)
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Old Nov 29th 2014, 7:16 am
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Default Re: 457 Employer issues

Originally Posted by msmyrtle View Post

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)
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.
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Old Nov 30th 2014, 10:06 pm
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Default Re: 457 Employer issues

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.
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