NSW What are My Contract Rights under Employment Law?

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9 October 2015
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Dear all.
I was placed in a global company from overseas 6 years ago. A great opportunity has come up (in Australia) and I have advised my employer that I "will not be extending my fixed term contract" that expired on the 3/9. I sent them the notice on the 1/10 (I have 4 weeks notice with my company).

In my contract, I have relocation, i.e. moving personal belongings back to country of origin and flight back. However, the company refuse to offer this as I am now on a Permanent Residency visa. I would like to move some of our goods back and would obviously like a paid trip back home.

Could you please help if you have any experience with a similar situation? Or what my rights are on fixed term contracts under Contract Law or Employment Law?

Best Regards
 

AnnaLJ

Well-Known Member
16 July 2014
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Hi Kasper

A large part of the answers to your queries will come down to the details of the contract itself. It sounds like a complicated matter and one that would require you to provide a lot more information before someone could steer you in the right direction.

Has your employer breached or gone against any of the terms of your contract? I guess that would be your starting point as this would determine your rights under contract law.

In terms of Employment Law, it's difficult to say how this could apply without knowing more details about your situation (including whether you fall under an Industry Award etc). If you don't feel comfortable disclosing any further details here, I would recommend speaking with a lawyer who specialises in employment law or contacting Fair Work Australia for some free advice (Fair Work Commission | Australia's national workplace relations tribunal

Best of luck