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WA Negligent Employer - Am I Entitled to Compensation?

Discussion in 'Employment Law Forum' started by Tarmac, 22 February 2016.

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  1. Tarmac

    Tarmac Member

    22 February 2016
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    I have a 457 visa which has 30 months still remaining. I applied for an alternative position with another company and they were aware of the necessity of the visa. I received a phone call from the HR manager stating they were expecting me to start that day and I informed him that I hadn't even received an offer from them and I was still employed by my old company. The offer came though which I excepted and I resigned my position and gave them a start date.

    It transpired that they hadn't applied for the visa and it has now been rejected two times. I am now in a situation that I have left a secure position with my old company and I have little chance of finding alternative employment as this has dragged on for 3 months.

    Do I have grounds for compensation under Employment Law as they have been negligent ?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Tarmac,

    It is difficult to say definitively whether or not you would have any recourse against your employer. It would depend on what steps they took to apply for your visa and whether the subsequent declines are indeed their fault or due to other issues. I would seek a consultation with an employment lawyer.

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