Can Employer Waive Your Notice Period (457 Visa No Longer Valid)
Last edited 11/08/2017 - 09:13 by 1 other user
I am just bit perplexed regarding this situation and hoping to get some insights.
on june 30, I received a notice from DIBP that my 457 nomination for sponsorship is no longer valid and I have 28 days to take action.
My work contacted their immigration agency in regards to the situation.
Due to the fact our annual holiday leave was scheduled to commence on july 3rd I was bit worried as we would be closed for three weeks.
I was told that it will be taken care of before the end of holiday.
Two weeks after the letter from DIBP I am told that work is reapplying for the application to sponsor and asked me to sign new letter of offer, contract and such.
I sent it off to the immigration agency chosen by workplace and waited.
On the day of coming back, a day before I was to take action regarding fault 457 application my workplace notified me that they will no longer forego with my application.
I told my employer in light of new situation I must leave to find other means to stay in australia.
No notice was given at the time nor any talk of resignation.
After 6 business day I have handed in my written resignation with 4 weeks notice.
During those 6 days I was meeting with immigration agents and going through universities for possible student visa or alternative application that I can file to stay in Australia.
I was told that my service is no longer needed as they found alternative while I was gone for 6 days.
There were even communication regarding possibility of casual employment.
Not once was there a break in communication or employer's comment regarding my replacement.
I have given notice at my work of 4 weeks as per indicated in the contract.
As for 6 days of missing work I told them I considered it to be my personal leave as visa problem came up without warning and I had to set my affairs in order before coming back to work which he agreed that he understands.
My employer replied saying they have found other alternatives.
I asked that I will consider my 4 weeks to be in lieu of notice which employer agreed with yes.
I assumed that I will be paid for the 4 weeks of notice that employer waived but they have gotten back to me saying that they do not have any obligation to pay me.
is that correct?
Please help me out as I am very confused and in need of guidance.