NSW compensation by the employer for lost working days

Discussion in 'Employment Law Forum' started by Tuvia Khusid, 10 March 2018.

  1. Tuvia Khusid

    Tuvia Khusid Member

    10 March 2018
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    I am on 457 visa in Australia. The Recruiter at my new employer told me that its company must transfer my visa. However, he didn't tell me that the company doesn't have an agreement with Immigration (it expired) and can't employ me directly. I signed the employment agreement with this company and waited 5 unpaid weeks for my visa to be transferred until I occasionally found out the details of company's immigration agent and she explained me the situation. I could wait for a while and lose my working visa (as I have 90 days to find a new job). In addition, the recruiter didn't tell to the immigration lawyer that I have a family and she lodged the application just for me without dependents. All this time the recruiter just lied me and told that visa transfer takes a long time. Can I require a compensation from my employer for these unpaid weeks? Can it damage my career at this employer later?
  2. Rod

    Rod Lawyer
    LawTap Verified

    27 May 2014
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    Sorry, I'd help if I could but I know next to nothing about immigration law.

    I do know that most workers physically in Australia are covered by our Fair Work Act that guarantees some protections.

    From your post you said "... waited 5 unpaid weeks ...". Did you work during these 5 weeks? If you physically worked ask your immigration lawyer if you are covered by Australia's employment laws then post back here.

    If your immigration/Visa status is more important focus on that first.
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