NSW Employer withdraws an offer

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haxuannguyen

Member
12 July 2017
2
0
1
Almost 2 months ago, I got an offer from a global tech company which offer me a position in Sydney. The offer included include total package, shares, and a lump sum of relocation package.

I have already signed contracted by mid May 2017, then they guided me to process further with Ielts test while they doing the background check. They expected me to join by 3rd July or latest 24 July by email. However, the background check took longer than they expected and we could not process for visa application. It's only done by 2 weeks ago.

Last week, I started to process further for the visa 457 application. Everything go smoothly until today, they set an urgent call and inform that, they change global strategy and they are really sorry and need to withdraw the offer.
I was shocked and I dont know what to do, how to react with this circumstance. The company said they will reimburse the cost for Ielts test or they send me another JD which I need to re-interview (but I dont think I am qualify for the new position).
Can you advise us what should we do at this situation? what are our rights? how we can ask this company to have compensation for our efforts and reputation (some colleagues already knew that I have offer and it may affect our reputation with current employer, send our child to english class even she is not 4 years old yet, My wife and I also attend English class, more importantly, I've sold my apartment to prepare for this)
 

Serge Gorval

Well-Known Member
LawConnect (LawTap) Verified
2 November 2015
201
12
614
Sydney
lawtap.com
Hi Haxuannguyen

As you already accepted the offer and relied on their representation that you will be employed, there is argument to make that they have breached their contract. however what is unclear is whether your offer was subject to Visa/IELTS requirements being met ? are you presently in Australia ?

you need action this as soon possible and at the very least put forward your claim to the company stating that you will take action.
 

haxuannguyen

Member
12 July 2017
2
0
1
Thanks Serge for your advise. btw, I was offered under 457 working visa which required IELTS. I've done the background check successfully and I was in the middle of process for the visa application that's why I am not presented in Australia yet. The company said they will just reimburse on the fee which cost me for the IELTS, Health Check only.
However, we had signed contract for more than 2 months. Could you advise what action should I take to secure myself?

Regards,
Nguyen.