Lawyer, Personal Injury, Immigration Law and Legal Advice

Indian Immigrants Prefer Southern Australia!

Sound figures of Indian population migrate to several popular immigration destination of the world. Canada, UK, Australia, New Zealand and USA are the top among the list of preferred immigration destinations by Indian immigrants. Indian immigrants majorly choose for skilled immigration or business immigration. Indian skills and business talents are well reputed internationally and welcomed by every country and community.

Australia has been consistently raging among preferred immigration place for Indian migrants. Last year most of the Indian migrants choose to migrate to southern part of the Australia. Indian community reflects a good part of permanently established migrants in Australia. More and more Indian population is opting for this part of the Australia as their future nation for better employment and permanent residency. Past year, this part of Australia experienced a significant surge in migration figure that is by seventeen percent under permanent residency program. Increase in other visa programs are also been experienced by the immigration department of Australia.

India and UK populates are peak on list of migrant influx to Australia as a large figure of these nation’s habitants moving to South Australia as revealed by DICA reports. More than 11,400 migrants move to Australian southern parts in search of job and permanent settlement. The flow in immigration influx to Australia is an aftermath of flourishing industrial and mining activities in Australia last year. In recent times, Australia reflected several encouraging financial news from big corporate, mining industry and employment market. More encouraging financial news is on the way to boost global immigrants to the Aussies land in near future.

Visa and immigration programs of Australia are being strengthened by latest reforms as declared by the Aussies Government. The government has adopted many strategic steps to have room for surging worker demand. Immigration Ministry acknowledged that they are trying to be a focus for the best skills and foreign business talents from the pool of prospective visa applicants willing to come to Aussies land. Many public welfare programs are announced to facilitate abroad communities to integrate into the society. These immigration news and reports will provide better migration motivation for skilled talents from India.

Employment Law, Dismissal of an Employee With Long Term Sickness

Can an employer dismiss an employee if they have a long term sickness or injury? The answer is yes. It’s true, it is hard to balance the needs of a business when an employee is injured or ill for a long time, firstly clients tell us we need to get a replacement in but the employee is in the house we need to give to the replacement? Also, how long do we have to keep a job open? We want to be fair but it’s very disruptive?

Well, whilst there is no set figure for how long is too long, legally speaking, 13 weeks, excluding annual holiday entitlement and accumulated sick leave is a good “ball park” figure to work on.

Short term illness of several weeks will not suffice. But often even doctors do not know how long an injury will take to mend. Two weeks sick leave, becomes four etc. So, often you have to wait. There are some dos and don’ts to be aware of, so ring us and talk it through.

Long term illness or absence due to an accident either at work or elsewhere does give rise to the Employer’s legal right to end the relationship. This is a dismissal, but it is not really anyone’s “fault” in one sense of the word, for example, the employee may have contracted a contagious disease. Legally, it is a breach of contract by the employee failing to perform her/his side of the contract, this gives rise to the employer’s right to cancel the contract by dismissing the employee. The employee may want to carry on the agreement but is unable to do all, or some of the duties.

An important part of being fair is to have a discussion before you make any final decision. Employers often have a decision already in mind, but it is always best to defer making a final decision temporarily, and hold a formal meeting to discuss the problem with the employee. There is an old wise saying, justice must not only be done but be seen to be done, so hold a discussion, let the employee put forward their ideas and especially give you up to date medical information.

Some of the main factors to take into account:

The duration of the employee’s illness to date, and the effect this is having on the employer’s business;

The employee’s entitlement to sick leave (paid and unpaid);

The prospects of recovery of the employee and the possibility of them returning to work (which should be based on objective information such as a doctor’s report);

The length of time an employee has been employed with the employer;

Reasonable steps the employer could take to aid rehabilitation, such as providing part-time or light duties if practicable;

Exploring whether there are any alternatives to dismissal that are reasonable in the circumstances, especially, hiring fixed term or temp replacements.

How Working Holiday Visa Can Help You

A work permit is the visa that is granted to all those who have valid passports .Amongst the other different types of visas offered by the Australian authorities, the one most popular is the Working Holiday Visa. There are certain rules to be followed while applying for a Working Holiday Visa. It has to be kept in mind that the first application for the visa should be made off shore. That is to say that while applying for the same one should not be in Australian shores. The person applying should not be under 18 years and above 30 years while applying or else the application is subject o cancellation.

While applying for the Working Holiday Visa is not allowed earlier than 12 months before the person visits Australia, it should be kept n mind that application for a Bank Account and a Tax File Number for Australia is also necessary o avoid any kind of problems in receiving payments on work etc during the stay there.

There should not be dependent children but if there are children who are dependent then a proper procedure with proper documents and application via paper through the right authorities is mandatory. An important point to remember is that while the Working Holiday Visa arrives one must still not be in Australia. However, once the permission is granted then there are additional plus points like the person gets o travel to any other country and come back to Australia as many times as he wishes during the validity period of his Working Holiday Visa which is for an entire year. The visa allows working under one employer for a time period of six months. A study period of four months is allotted to such visa holders.

In addition to all this a person holding the Work Travel Australia is entitled to extend the visa for another 12 months if so desired provided he or she has worked in any specific work activity. A major plus point of having such a visa is that the person can ask for a further six months extension if work with a former employer, or the employer with whom the person had worked during the first working visa hires his or her services.