Reneging on a signed offer due to better offer? What to do?

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Reneging on a signed offer due to better offer? What to do?


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Old 18th November 2012, 11:21 PM
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Default Reneging on a signed offer due to better offer? What to do?

Hi

We are in a bit of a situation here:

My wife has signed a contract with a 457 visa to work in sydney, and the company have a migration agent now doing all the paperwork to get us all over there as soon as possible.

Now the company that she is currently working for is going to make her a better offer - and actually she would prefer to stay with her exitsing company and stay with them. Better security, and known quantity.

So she is thinking of turning down the (signed) offer, and reneging on the contract.

She is not 'playing the game' so to speak - just that the 2nd offer will be better personally and professionallly.

whats the position in australia legally, after having signed the contract ? Can this be reversed? What would generally happen? I would imagine that the company that is offering the job would not be too pleased as they probably have spent time and money in sorting everything out.

Any advice would be greatly appreciated - if there is anyone out there who has had the same situation or who knows the process please get in touch.

Richard.

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Old 19th November 2012, 01:19 AM
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Quote:
Originally Posted by RikoDriko View Post
Hi

We are in a bit of a situation here:

My wife has signed a contract with a 457 visa to work in sydney, and the company have a migration agent now doing all the paperwork to get us all over there as soon as possible.

Now the company that she is currently working for is going to make her a better offer - and actually she would prefer to stay with her exitsing company and stay with them. Better security, and known quantity.

So she is thinking of turning down the (signed) offer, and reneging on the contract.

She is not 'playing the game' so to speak - just that the 2nd offer will be better personally and professionallly.

whats the position in australia legally, after having signed the contract ? Can this be reversed? What would generally happen? I would imagine that the company that is offering the job would not be too pleased as they probably have spent time and money in sorting everything out.

Any advice would be greatly appreciated - if there is anyone out there who has had the same situation or who knows the process please get in touch.

Richard.
The paperwork for a 457 is not that onerous and costly, I have no knowledge of the legality of the situation but I would only be concerned about the firm contacting immigration and preventing you from getting a further 457, I would suggest contacting immigration direct and getting a statement as to whether this is a possibility , make sure you get a name if you talk to Oz immi. or contact an immigration agent in your own country to give a opinion, I would guess that this is happening all the time with Oz firms , just check whether there are any financial penalties attached to the contract as this seems to be common with some of these firms now, if there are it is usually only recoverable from salary paid, question then is could they sue you in UK for breach of contract.
I would suggest visit to an immigration lawyer in UK would be first option, law here is very much similar to UK law, sooner that you advise employer of refusal the least he outlays and generally damages for breach of contract are limited in UK to the actual losses incurred by the aggrieved party to the contract


Last edited by Oz to Spain; 19th November 2012 at 01:22 AM.
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