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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44375
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Is it fair for a company to dismiss an employee (full time

Customer Question

Is it fair for a company to dismiss an employee (full time or contract) who is a local in the state while maintaining non-locals (457 visa or from other state considering same position or role? This is a case of trimming down the workforce.
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I don't have any petitions whatsoever. I am a contractor for a company in a project in WA. I had been working in another state and locals their complaint about losing their jobs from non-locals/foreigners. So, just wondering now that I am back here in WA, I need to know if there is a legal basis if I were to be dismissed while the company is still maintains the same role for non-locals?
JA: Has anything been filed or reported?
Customer: none. I am just researching. As of now, there are no unfair treatments to myself. I just need to know my rights as a local hire contractor. And testing how the state protects to secure jobs here for the locals.
JA: Anything else you want the lawyer to know before I connect you?
Customer: hhhhmm. Is this a paid or free legal service?
JA: The Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.
Customer: by how much?
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 7 months ago.

Good Morning,

If you are a contractor you are not an employee. An employee would have priority over you.

You are independent and allegedly work elsewhere as well as do work for this company. They are not your employer.

Also the contract would set out when it can be terminated and the conditions that must be met on termination. You have no rights to unfair dismissal.

If they have not complied with the contract then you can sue for breach.

So you have been let go and they have kept their employees.

I hope this makes sense and is of assistance. If there is nothing further Happy New Year and

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