What rights do i have?

[Rupert]

There was a time limit though. I had about 24 hours. I asked HR if it would affect my getting a flight if i needed it and they replied and said that I would still get a flight if it was required and within a reasonable timeframe. However, as stated before, this email was sent to my work email, which they locked me out of without warning before i could get any of the things i needed.

 

Anyway, what's done is done. I have paperwork saying that my position was no longer required and that my employment is terminated. I believe that i am still entitled to a flight and i will fight for it. It is the companies fault that i am leaving the country and they should pay for my transport home.

 

They need to pay for the flight, doesn't matter if you resigned, retired, were made redundant or even if you were sacked for gross misconduct. They have to pay for the flight. Nothing else, just the flight.

 

It is a moot point in view of the above, but I am rather baffled at your previous posts about being "forced"" to take "voluntary" redundancy. Do you not see the discrepancy in that statement?

 

:confused:

[Que Sera Sera]

Rupert if that "voluntary" resignation came with a pay out over and above what they were entitled to ( ie at least if not more than the price of a flight ) would they still have to pay for a flight too?

[The Yuills]

and if a payment was made at termination...they may argue that that was you flight money.

[fourcorners]

A fair few of my friends have been made redundant recently. A couple of them have been on 457 visas.

 

I would take it that if you have a letter saying your position has been terminated, this obviously indicates that the company instigated this move. Therefore they are liable to pay out redundancy package according to the contract, and also cover return flights to the visa holders country of residence.

 

My friends, a couple, both got made redundant last month. He was employed full time by them, she was on maternity leave. Their severance package included full pay until the end of the year, and full relocation costs to a country of their choice (including flights, shipping etc). Just shows that not all companies are b***ards when it comes to 457 visa holders.

 

At the superpit, the recently laid off staff all got 1 month pay per year they had worked there. One of them had worked there 23 years! So he took early retirement....

[VERYSTORMY]

A fair few of my friends have been made redundant recently. A couple of them have been on 457 visas.

 

I would take it that if you have a letter saying your position has been terminated, this obviously indicates that the company instigated this move. Therefore they are liable to pay out redundancy package according to the contract, and also cover return flights to the visa holders country of residence.

 

My friends, a couple, both got made redundant last month. He was employed full time by them, she was on maternity leave. Their severance package included full pay until the end of the year, and full relocation costs to a country of their choice (including flights, shipping etc). Just shows that not all companies are b***ards when it comes to 457 visa holders.

 

At the superpit, the recently laid off staff all got 1 month pay per year they had worked there. One of them had worked there 23 years! So he took early retirement....

 

Newcrest have been pretty good. One of my mates recently got laid off (another). He had less than 2 years service, got 6 months pay, they have agreed to finish paying for the masters he is half way through and have paid for a migration agent to sort out a student visa to finish his masters.

[Joebloggs]

As Rupert correctly said the employer has to pay regardless, the whole point to the obligation is to get the employee off Australian soil and not give some lame excuse like cant afford flights for not leaving the country.

 

You can request the employer to pay for your flights yourself.

You can ask DIAC to request the cost of flights on your behalf.

 

If you refuse to leave DIAC will remove (deport) you themselves and charge the employer.

 

End of the day the employer pays.

[torface]

Wow, I wish my company were as nice as your mates' companies, VERYSTORMY and fourcorners! Although to be fair, mine could have been a lot worse and my payout was a lot more than i expected.

 

And yes, i understand that saying i was "forced" to take voluntary redundancy doesn't really make sense. but it's a long story. I think "pressurised" is probably a better word.

 

Anyway, i have received an email from HR reinforcing what they had previously said. They will be paying for the flight and have let me know how to proceed on booking so all is good