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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3410
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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hi there, i am a international student and i was working in

Customer Question

hi there,
i am a international student and i was working in a security company in a Shopping Centre and my Boss gave me the written letter and she terminated me as following grounds:
1.you misconduct with your duties
2.you releasing Personal inforamtion of company
3.act in an unethical manner
after this she wrote in her letter that:
1.misconduct with your duties because you always sit in the office room of shopping centre and go there again and again as i have evidence in CCTV cameras.
2.you relased the personal information of my company to another company.

after that she refused to pay my wages and entitlement everything.

Genernal information about me:
She give me full time job and i was working for her company more than 8 months.
now my questions are:
1.In the interview she told me that you can go in the office room because that room is same like staff room and when i was start my shift i was enter in the room for my sign in off book and i also took my security mobile.all shopping centre access keys and everything was in that room even all CCTV cameras monitor was in that room.and we also allow to sit in that room during break so most of the time i went to that office because of break,to took any key,drink water and watch the whole shopping center through CCTV cameras monitor.
2.She said that i relased her company information but this is not fact thats all false accsued on me.
and she also wrote in letter that i make Police complaint against you and you can imprisonment for 10 years.but its more than one month no police call nothing else.?
3.she was also threat me in different ways and in that letter she wrote that "you are being terminated from job" on xx.xx.xxxx . she said me verbally that you continue your job untill i told you after that letter thats very strange for me.
after that i only worked for 2 more days.
During in these 8 months she always admired my job that you are doing your job very well and also during 8 months she did not give a single warning or anything like this but she was very happy with my job perfomance and i have alot of evidences that she was happy from my job performance like e-mails,sms etc..
this was her first and final notice for me and she also refused to pay my wages,my entitlement.

Now what should i do now..????
Submitted: 11 months ago.
Category: Australia Law
Expert:  Daniel replied 11 months ago.
Hello

You have been unfairly terminated and treated differently to the other workers.

http://www.fairwork.gov.au/termination/unfair-dismissal/pages/default.aspx

In such maTters you need to file within 14 days of being sacked. It is imperative you do so as it is the time limitation.

You are entitled to up to 6 months pay and or your job reinstated.

This is on top of your entitlements not paid for.

Please accept



Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3410
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Daniel and 2 other Australia Law Specialists are ready to help you
Customer: replied 11 months ago.

As i said before i am a international student and we have some working limits like we can only work 20 hours in a week but my Boss told me it is not a problem you can work more than 20 hours that's why i am giving you full time job OR if you can,t then you have to leave this job and many of employee are on same visa status.In the letter she gave to me she was threat me alot that i will tell the immigration then they will cancelled your current visa OR they will not give you futher visa.


i want to ask you that if I told the FAIR WORK that she sacked me and treat me unfairly.IS FAIR WORK create any problem for my visa like Fair work take any action against me that why you do your job more than 20 hours OR any thing which create problem if i applied for futher visa extension..?


Please give me clearly answer of this because this really fear me that i do not want to get in any trouble about my VISA.


 


Thank you

Expert:  Daniel replied 11 months ago.
Hello

Fair Work will cause no issue with your visa at all.

Working more hours is not an issue also.

Please accept.

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