sunypatni Posted July 17, 2013 Share Posted July 17, 2013 i need suggestion please: hi, it been 3months i have granted my rsms119 , i had argument on job and my boss fire me ,,, it is not my fault 100% as he ask me to do something which was not fair. and was forcing me to do work out sides of my duties. still it was not me who said i don't want to work anymore he said you do what i said or i will terminate you, i said sorry its not fair and i am not going to do that. and in result he fire me. what should i do please any suggestion. i have ask my lawyer he said nothing going to happen as you give your genuine effort. and he can't force you to do something which is not your job and which is not right. i have inform immi as well but no reply yet. thanks Link to comment Share on other sites More sharing options...
blossom Posted July 18, 2013 Share Posted July 18, 2013 The main thing I would be worried about is if it looks like you tried to get sacked (and so not made a genuine effort). I would never dream of telling my boss something wasn't in my job description (unless it was sexual favours lol). If immigration contact your employer and the thing you refused to do, they see as reasonable then I think your visa could be in jeopardy, as he did warn you that if you didn't do it you would be sacked. It doesn't matter if it was in your job description, there are always extras and one offs which come up which are not in anyone's job description. That is life. Link to comment Share on other sites More sharing options...
Tina2 Posted July 18, 2013 Share Posted July 18, 2013 Have a chat to these people http://www.fairwork.gov.au/termination/unfair-dismissal/pages/default.aspx should be able to tell you if what you refused to do was fair or not Link to comment Share on other sites More sharing options...
sunypatni Posted July 18, 2013 Author Share Posted July 18, 2013 The main thing I would be worried about is if it looks like you tried to get sacked (and so not made a genuine effort). I would never dream of telling my boss something wasn't in my job description (unless it was sexual favours lol). If immigration contact your employer and the thing you refused to do, they see as reasonable then I think your visa could be in jeopardy, as he did warn you that if you didn't do it you would be sacked. It doesn't matter if it was in your job description, there are always extras and one offs which come up which are not in anyone's job description. That is life. ok i appreciate you reply, ok i am working in t/a shop and restaurant as both business are belongs to the guy who sponsored me and under the name of the company. first thing in take-away shop some customer ask me that your food is halal i said no and that's true. he was with me one day and he show me that customer ask and i said no, and he got angry on me and said now are you going to pay for that loss and blaaa blaaa ... recently he told me "lamb" is going expensive so we have to sale beef curry by saying that it is lamb curry. and i said no i am not going to lye.. if you want i can work in restaurant behind the door so i don't have to serve the customer. 2 days after he gave me termination letter saying that i am rude and my behavior is not appropriate and it creates the tension in his business... i don't care about my visa but i wouldn't disrespect someone's religion. even something heppen i will go to mrt. thanks,, Link to comment Share on other sites More sharing options...
sunypatni Posted July 18, 2013 Author Share Posted July 18, 2013 Have a chat to these people http://www.fairwork.gov.au/termination/unfair-dismissal/pages/default.aspx should be able to tell you if what you refused to do was fair or not i did they said check the unfair dismissal checklist. and by that if it is small business than he can fire me when ever he want's unless i have worked their over 1year. i have inform immigration just waiting for their reply.. fingers cross, thanks Link to comment Share on other sites More sharing options...
Tina2 Posted July 18, 2013 Share Posted July 18, 2013 ok i appreciate you reply, ok i am working in t/a shop and restaurant as both business are belongs to the guy who sponsored me and under the name of the company. first thing in take-away shop some customer ask me that your food is halal i said no and that's true. he was with me one day and he show me that customer ask and i said no, and he got angry on me and said now are you going to pay for that loss and blaaa blaaa ... recently he told me "lamb" is going expensive so we have to sale beef curry by saying that it is lamb curry. and i said no i am not going to lye.. if you want i can work in restaurant behind the door so i don't have to serve the customer. 2 days after he gave me termination letter saying that i am rude and my behavior is not appropriate and it creates the tension in his business... i don't care about my visa but i wouldn't disrespect someone's religion. even something heppen i will go to mrt. thanks,, Oh that is not good. Fired or not you need to get away from that sort of environment. Why not try McDonalds, or one of the other major take away outlets ? Link to comment Share on other sites More sharing options...
sunypatni Posted July 18, 2013 Author Share Posted July 18, 2013 waiting for immi reply that can i work anywhere or has to be as cook,,, it is hard to find job in same field in small regional town. thanks Link to comment Share on other sites More sharing options...
starlight7 Posted July 18, 2013 Share Posted July 18, 2013 I think the maccas suggestion was a good one- at least you would have some money coming in and you have the protection of a big organisation. Link to comment Share on other sites More sharing options...
blossom Posted July 18, 2013 Share Posted July 18, 2013 Ok, yer, I would have said no to that too. Probably worth reporting him for that actually! From what other people have been told by immigration they want you to carry on working in regional Australia in the same field. Link to comment Share on other sites More sharing options...
Tina2 Posted July 18, 2013 Share Posted July 18, 2013 do you know your area fairly well ? even regional towns have Mc Donalds and the like if not in your town then close by, working on what Blossom said McDonalds is still cooking so when you hear from immigration explain what happened and ask about working for one of the fast food chains. May not be what you want in the longer term but will bring in money while you sort out what to do next Link to comment Share on other sites More sharing options...
blossom Posted July 18, 2013 Share Posted July 18, 2013 People have been turned down for the rsms because immigration have counted their work in take always as not being a cook/chef, so agent advice would be a good idea before applying for places like McDonald's. Link to comment Share on other sites More sharing options...
Parveen Kumar Posted July 29, 2013 Share Posted July 29, 2013 i am in same situation,my employer sacked me after 3 months,but i am working for this company from 2 years,have u heard anything from immigration? Link to comment Share on other sites More sharing options...
sunypatni Posted July 31, 2013 Author Share Posted July 31, 2013 hi parveen, thanks for reply no i haven't heard anything from immi,, eventhough i have emailed them 2 times, i have call them on dob in line all they said to me you can contect fairwork and now you can work anywhere in regional area. seems like immi does not care about it. so how long it has been happend to you ,, and are you working with someone else now.. tell me somthing abt you.. thanks suny i am in same situation,my employer sacked me after 3 months,but i am working for this company from 2 years,have u heard anything from immigration? Link to comment Share on other sites More sharing options...
Parveen Kumar Posted July 31, 2013 Share Posted July 31, 2013 Hi Sunil good to hear that immigration understands. It just happend 8 days ago, I am looking for work, had some interviews.I think If we work in same area and work there it shouldn't an issue, I had emailed immigration before they had sacked me, immigration replied that your sponsor can't do anything regarding your visa only immigration can cancel the visa. And would do only if they found some contrivance on your side to obtain the visa. I used to work 50 hours a week, which is illegal anyway. So I can prove in a minute that my company was treatinge unfairly. Let me know if you heard anything from immigration Link to comment Share on other sites More sharing options...
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