I am on a 457 visa and have been dismissed from my employment. Can I bring a claim in the Fair Work Commission?

I am on a 457 visa and have been dismissed from my employment. Can I bring a claim in the Fair Work Commission?

A Temporary Business (Long Stay) visa (457 Visa) allows skilled workers to be employed in Australia where they are sponsored by an Australian business. In summary access to this visa entitles the holder to the same rights as those enjoyed by local workers. However, the holders of 457 visas are often in a position of vulnerability regarding their rights. Unfamiliarity with the laws governing industrial relations in Australia, and fears of deportation often mean that they are uninformed of their entitlements and their ability to access remedy.

You are entitled to make a claim to the Fair Work Commission where you believe there was no valid reason for the termination of your employment. Under the 457 visa you are allowed to be unemployed for a period of up to 90 days. If you are not working whilst your claim is being processed, you will need to contact the Department of Immigration and Border Protection to ensure that you are not in breach of your visa conditions and do not face risk of deportation.

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