Fair Work Commission on Tuesday ordered the Consulate of India in Sydney to pay their former driver Mr Hitender Kumar $10,620 in compensation for his unfair dismissal in March last year.
Mr. Kumar had alleged that he was sacked for ‘false and petty’ reasons.
Mr Kumar had earlier stated that when he asked for his electronic toll costs to be reimbursed, he was reprimanded for not using the consular e-tag in a private car when the consular car was being serviced. Consular e-tag cannot be used in another car as per law.
Kumar also claimed that that this employer warned him after he complained to the High Commissioner in Canberra about delays in his annual leave being approved and about the non-payment of bonus.
He was later issued a number of show-cause notices and was dismissed by deputy consul-general Vinod Bahade on March 13 last year.
After this, he lodged a claim for unfair dismissal before Fair Work Commission.
On Tuesday, the Fair Work Commissioner Ian Cambridge said, "Upon analysis, the dismissal of the applicant was not for valid reason related to his capacity or conduct."
Mr Cambridge also said his employer appeared to exaggerate the matter by describing the conduct as bullying, harassment and intimidation of other staff.
While Mr Kumar's communication with the High Commission was inappropriate and "impolite" to his employer, Mr Cambridge found that on balance, Mr Kumar's conduct "could not represent misconduct".
"The applicant's failure to follow unspecified office procedures was not misconduct which would provide valid reason for dismissal," Mr Cambridge said.
Commissioner noted that Mr Kumar had been denied natural justice by not being given an opportunity to respond to reasons for his dismissal.
Mr Kumar’s representative in the Fair Work Commission, Richard Olsen, acting secretary of the Transport Workers Union NSW said: "It takes guts to stand up to your boss; even more so when that boss is a foreign consulate, who then goes and sacks you for highlighting major issues in the workplace".
"This decision sends a message to all workers in Australia, especially foreign migrants: no matter who your boss is or what they tell you, you have rights."
Mr Kumar told Fairfax Media on Tuesday that he was "fully satisfied" with the Commission's decision.
