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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My company sponsored me permanent resident visa (186) in

Customer Question

My company sponsored me for a permanent resident visa (186) in March this year, which was granted in June. I have just been made redundant - is this a case of unfair dismissal?
My understanding is that the company has an obligation that the job exists for a period of 2 years and the employee has an obligation to work for the employer for the same period.
If the job is made redundant, should the employee seek compensation above the statutory levels?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If it is a genuine redundancy then it is not unfair dismissal.

If you believe that you job is till there and you have been terminated then you have a claim for unfair dismissal if you have been with them for a period of 6 months from the date you started if they have more then 15 employees or 12 months if they have less than 15 employees.

That obligation is under the Visa but if they do not have a job for you they have a right to terminate you and they have to inform the Department.

Does your job still exist?

Expert:  Leon replied 1 year ago.

Good Evening

I am just following up my last post. Are you still in need of assistance?