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linajohnson

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  1. ​Good evening all, My company fired me last Friday, 2 weeks to go to finish my third month, citing "unsatisfactory performance" (that's another story altogether). First of all I'm new to Australia and I have no idea about labour laws/rights before my arrival. Now the problem is in my contract it states that the company can give one day's notice to employees on probation but what I found out last night through reading Fair Work's site it says under the National Employment Standards (NES), companies are required to give one week's notice/pay-in-lieu and that includes probationary employees too. I approached my boss today hoping to resolve amicably but he turned aggressive when he found out I've been speaking to various authorities about my rights behind his back. He insists to go by the contract I signed and not Fair Work. According to FW, if my notice period is less than NES, then my contract is not counted and NES supersedes. Of course the boss is already pissed off, but if I were to escalate and let Fair Work take over the matter, he will be more pissed than ever (does that matter anymore?) and that could affect the references on me. At the moment, the boss wants me to find another company to take over my 457 and he is happy to provide references, but based on my situation what would you suggest I do now? But as angry as he already is, I feel he might just screw up my references anyhow which will not allow me to find another sponsor and I have to leave Australia. He reluctantly agreed to book me on a return flight only on the basis that that is his obligation. However, as he said I did not bring any value to the company whatsoever during my tenure, he imposed a lot of restrictions such as I can only fly on off-peak timings (Tue-Thur?) and on the cheapest flight available (I presume he will book a budget carrier?). When I came to Australia, the company out of goodwill paid for my inbound flights with 40 kg check-in baggage allowance, is it reasonable for me to request that he pays for my additional baggage allowance as part of repatriation costs? (is this even covered by 457 obligation?) And is it possible that I choose/book my flights as I want (as long as it's economy) and expense back to the company? Your replies are much appreciated. Thank you!
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