# Disestablishment of Position I am holding on work visa



## S.Sharma (Oct 12, 2011)

Dear Members,

Greetings to all!

Myself an expat from India and has recenlty (July '11) been moved to Auckland from Malaysia after been offered a job by a prestigious Big4 organisation. The job offer and organisation being accredited, helped me obtain work-visa easily.

The sequences are as follow:
1. I received job-offer in Jan 2011

2. Due to some bonding with my previous employer and issues obtaining required documents, I managed to obtain "Work to residence" visa in June 2011

3. I flew to Auckland in July 2011 with my wife and company did the relocation assistance and moved my whole furniture and household stuff to AKL which took 2 months and delivered in September 2011

4. In the first week of Oct '11, I have been told that they are disestablishing the position as they don't have work for me. 

5. The company policy says - I am being less than 12 months with company, am not entitled for any compensation and only would be given 4 weeks notice period which I do not need to serve (notice period paid in lieu)

Where do I stand now?

1. I lost my well settled job which I was doing for last 3.5 years
2. From same company I had offer to get transferred to Singapore
3. My whole household stuff has been shipped here
4. My financial condition is not good
5. I am "work to residence" visa which would lapse with loss of current job.

What is the obligation of company?

The reason company is giving for disestablishment is its failure to grab few big deals which they were pretty sure to get and accordingly were doing team expansion.

Please advise members.

Thanks & regards


----------



## topcat83 (Apr 16, 2009)

S.Sharma said:


> Dear Members,
> 
> Greetings to all!
> 
> ...


What a terrible position to be in - and isn't 'disestablished' a horrible word? 
I think the company has treated you appallingly - but the likelihood is that they will be within the law, even if they are not within the spirit of fairness.

What industry are you in? What work are you doing?

First, I'd go and talk to your HR company and ask their advice. 
Second, get your CV updated and get out there. Get on Seek, and contact the agencies that deal with jobs in your industry. Get on Yellow Pages and start sending CVs to the HR departments of companies. 

And talk to Immigration NZ - they are generally sympathetic, as long as you keep them informed.

You have some leeway with time to find yourself another position, but Immigration NZ will be able to tell you how much you have.

And good luck!


----------



## TheEndofDays (Apr 13, 2011)

maybe you should accept the Singapore offer for the time being so that you still have cash flow and your work experience keeps on counting. It's quite hard to think and plan the next move if our finances are not in order.


----------



## S.Sharma (Oct 12, 2011)

Hi Guys,

Yeah, I have already started doing what has been suggested by you. But the Singapore doors are already closed as my previous company does not have policy to take an employee back.

My work category falls under ICT and I am into Information Security to be precise.

Today I am consulting 10 min. free lawer service with CAB (Citizen advice bureau). Hoepfully they will have some workaround for this messy situation.

Cheers!


----------



## topcat83 (Apr 16, 2009)

S.Sharma said:


> Hi Guys,
> 
> Yeah, I have already started doing what has been suggested by you. But the Singapore doors are already closed as my previous company does not have policy to take an employee back.
> 
> ...


Get your CV into _all_ the New Zealand banks pronto! Many of them are doing 'PCI DSS' projects at the moment (if you know what that is, you're in with a fighting chance already!) - and will be for a few years to come.

I've just escaped from a PCI DSS project for a bank - and start a new job designing & developing websites on Tuesday


----------



## S.Sharma (Oct 12, 2011)

topcat83 said:


> Get your CV into _all_ the New Zealand banks pronto! Many of them are doing 'PCI DSS' projects at the moment (if you know what that is, you're in with a fighting chance already!) - and will be for a few years to come.
> 
> I've just escaped from a PCI DSS project for a bank - and start a new job designing & developing websites on Tuesday


Unfortunately PCI and other process (BCM, ISO etc.) work I intended to learn with this new engagement . My background is Penetration Testing.

Anyway, the lawyer told me that nothing legally could be done, as expected.

Further, I was checking immigration website and found the following:



> *My employer has fired me. Can I get another job? *
> My employer has fired me. Can I get another job?
> 
> If your employer is named on your work visa, then you need to inform us that you’re no longer working for this employer. You'll need to apply for another work visa and must apply for a new visa when you have a job offer and before you start work. In some cases there will be restrictions on who else you can work for. For example, if you were granted a visa because you secured a job with an accredited New Zealand employer, *you’ll only be able to remain in New Zealand if you’re working for another accredited employer*. Even if you find work with another accredited employer, we’ll still need to approve the arrangement.


Yes, my employer is accredited. So how would the visa processing go if I get opportunity to work with a non-accredited employer?

Thanks


----------



## topcat83 (Apr 16, 2009)

S.Sharma said:


> Unfortunately PCI and other process (BCM, ISO etc.) work I intended to learn with this new engagement . My background is Penetration Testing.
> 
> Anyway, the lawyer told me that nothing legally could be done, as expected.
> 
> ...


I'd still get your CV in to the banks. And they would be accredited employers. So nothing lost in doing so.


----------

