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I don't know if i can ask my question here but i will give…

Hi hi i don't...

Hi hi i don't know if i can ask my question here but i will give it a go. here is the situation: i resign from my employer after 5 years working for them because of a change of ownership (it was a couple but they split) and i didn't get along with my new employer. i have 430h of holliday leaves that she do not want to pay me. because they liquidate the company name few months ago (doing something illegal i assume as they asked an apprentice to sign a paper to be the director of the company, then liquidate it, sign another paper to put the employer director again, change the company name and keep going like it was before). But on my pay slip it still says clearly i have 430h of holliday leaves. i am on a permanent residency visa and she threat me that if i go to fair work she will cancel my visa (i don't think she can). Also now she is willing to pay 170h of my holliday leaves on the only condition that i sign a paper saying that i will not go to fair work against her

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

I would like to know what do you think of the situation and if you think she can not pay my holliday leaves and also if she can cancel my visa? do you think i should sign that paper? it seems all very wrong to me

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I'm a permanent resident

Lawyer's Assistant: Has anything been filed or reported?

Not yet

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Answered in 5 minutes by:
3/8/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,280
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Afternoon

When did you resign?

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Customer reply replied 1 month ago
2 weeks ago i gave 4 weeks notice but she decided to terminate me at the end of the second week

Your visa is it a work visa?

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Customer reply replied 1 month ago
its a 186 visa

Do you have other employment?

If this employer is the one you are tied to then your visa may be affected even if you do not sue her.

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Customer reply replied 1 month ago
no i have a new employement starting the 28 of march
Customer reply replied 1 month ago
i am on a permanent residency visa since the 04/11/2016

Ok I will assume you have notified the department of Immigration about this and the new employer is your sponsor on the 186.

If that is the case you are safe.

Being a permanent resident they cannot touch you.

She cannot threaten you like this and you are entitled to your accrued annual leave.

If they liquidated the company and you were employed at the time you should have been advised by the liquidator to go to FEG (Fair Entitlements Guarantee scheme).

If a company is liquidated then all employees can apply to be paid their entitlements.

If you resigned before the liquidation you have a problem. She is not liable to pay you it is the company and the company is unfinancial and you have to deal with the liquidator.

Fair work will not assist you it has to be done in Court.

Were you with the company when it went into liquidation?

Do you know who the liquidators was?

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Customer reply replied 1 month ago
yea i was with the company when it went on liquidation but no one been advised about it to go to FEG no one been advised that it actually went into liquidation. i do know who it was yes

Good Afternoon

You can contact ASIC or search their database and make sure that they are in liquidation and they can also tell you when they went into liquidation and who the liquidator is for a fee

Here is the link and you can search

https://connectonline.asic.gov.au/RegistrySearch/faces/landing/SearchRegisters.jspx?_adf.ctrl-state=a35dah32v_4

Once you know that they are in liquidation you can contact the liquidator and ask about your entitlements.

Also contact your super fund and make sure they have been paying it.

Here is a link about FEG

https://www.jobs.gov.au/fair-entitlements-guarantee-feg

Once you have the information and know what has to be paid you can claim.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,280
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
thank you.

Good Afternoon

You are very welcome and all the best

Thank you for using Justanswer.

Regards

Leon

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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,280
46,280 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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