NSW Employment Contract - What to Do When Employer Rescinds Offer?

[Cnuck]

Hi,

I recently moved to Sydney (from North America) after securing employment here. I signed an employment contract with the employer (they signed it too) that included all the usual details (start date, salary, probationary period, notice, etc.) about a month before coming over.

A week before my start date was supposed to happen, I received an email saying that they are no longer able to take me on. I was wondering if there were any legal ramifications I am entitled to? The notice period in the contract was for 2 weeks, with a 6 month probationary period. It might also be worth noting I'm on a working holiday visa.

I've incurred travel expense and have moved my entire life here. I am feeling shocked as I quit my job abroad to come here.

Thanks for your help.

 

[Tim W]

...and have moved my entire life here.

...and what would have happened upon the expiry of your Working Holiday Visa?

 

[Rod]

You will likely be able to take action against the employer for at least 2 weeks pay, possibly more. You'd need to see a lawyer who specialises in employment law to look at other rights.

 

[Cnuck]

...and what would have happened upon the expiry of your Working Holiday Visa?

I'm planning on upgrading to a more permanent visa. If the visa expired while I was working, then I would have had to leave the country.

 

[Rod]

Visa 417? Or 462?

North America = Canada from your name. I'm thinking 417 visa.

I know the Visa 417 offers 12 months working time, not sure about visa 462.

Knowing you may leave after 12 months is not a reason to not employ you, unless you indicated otherwise and they felt you may not be able to honour your word.