The Consulate General of India in Sydney has failed to pay an underpaid former employee, despite repeated court orders, including a garnishee order in April this year.
The barrister for CGI Sydney conceded in the Federal Circuit Court of Australia in February last year that former chauffeur-cum-messenger Hitender Kumar should receive over $12,000 in unpaid overtime, employee bonus and national minimum wage order after Mr Kumar went to the court.
Mr Kumar worked at the Consulate General of India in Sydney from 2010 to 2015 before he was dismissed from service. He was working from 9 am to 6:30 pm on a monthly salary of $3,150.
When he wasn’t paid despite the court’s decision, the court ordered the CGI on 20th April 2018 to pay Mr Kumar the previously agreed amount of $12,177 with 4% interest and $393 in super.
However, the CGI did not pay Mr Kumar and in March this year, the court declared that the CGI was in breach of the Fair Work law and said the CGI had chosen to ignore its orders to Mr Kumar.
“The Consulate General has had more than 12 months to deal with the settled part of the proceedings. It is painfully apparent that it has repudiated that settlement, which had been negotiated on its behalf by its legal representatives,” Judge Rolf Driver said in the March order.
Though it was decided that the Fair Work award did not apply to Mr Kumar, the wages he received were below the national minimum wage.
The court said “there can be no real doubt” that the Consulate breached the Fair Work law with regard to the national minimum wage and overtime.
CGI Sydney 'ignored' court orders
A month later, on 18 April this year, the court issued a garnishee order against CGI Sydney for its financial institution to recover an amount of $17,847 in favour of Mr Kumar.
When the notice was served to the bank, Mr Kumar was told that CGI Sydney had closed the bank accounts in 2017.
“They [CGI Sydney] are deliberately harassing me. What else can explain this that they admitted in the court that this amount is payable, then ignored the court order and now their bank accounts are closed,” Mr Kumar said.
Currently in India for his law exams, the 53-year-old Indian national who also won a $10,000 payout in 2016 for unfair dismissal said he would bring the matter to the Indian government’s notice.
“What does it say about India that the official representatives of India exploited an Indian in Australia and continuously ignoring court’s orders. The government of India should know this and act,” Mr Kumar told SBS Punjabi.
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"Insult to India"
Sydney cardiologist and a prominent member of the Indian community Yadu Singh claims the Indian High Commissioner had requested him to mediate in the matter.
“I offered to bring Hitender to the negotiating table, but the Consul General in Sydney and High Commissioner in Canberra did not act on my advice to settle the matter before it went to the court,” he told SBS Punjabi.
Dr Singh says the case has harmed India’s image in Australia.
“Garnishee order against Consulate General of India Sydney is a disgrace and an insult to India. Consul Generals in Sydney and High Commissioner of India in Canberra are solely responsible for this insult to India and the Govt of India,” he said. "About time this whole matter is reviewed and the minister of External Affairs should order an audit."
SBS Punjabi has contacted Consul General of India and the Indian High Commission for comment.
