Fair Work commission has ordered Indian Consulate in Sydney to pay $10,620 to a former driver who claimed unfair dismissal last year.
Consulate chauffeur Hitender Kumar was dismissed in March last year and subsequently petitioned the Fair Work Commission on 30 March 2015.
Mr. Kumar had also told Fairfax media that he was underpaid by the Consulate. He had also said that he was dismissed after he raised concern about malpractices at the consulate, including issuing passports without conducting required police verification and misuse of e-tag issued for consular cars.
Ruling in favour of Mr. Kumar, Fair Work commission found the dismissal of the applicant was unjust and unreasonable.
“It was unjust primarily because the applicant was denied procedural fairness, and it was unreasonable primarily because it was without sound and defensible reason,” the ruling reads.
The commission rejected the Indian Consulate’s plea of unsatisfactory performance for Mr. Kumar’s dismissal.
The Indian Consulate in Sydney has been ordered to compensate Mr. Kumar for loss of wages for 12 weeks.
Transport Workers' Union NSW acting secretary Richard Olsen said the order sends a message that no employer is above the law.
“It takes guts to stand up to your boss – especially when that boss is a Foreign Consulate who sacks you for highlighting major issues in the workplace,” Mr Olsen said.
“It also send a message to employers that even if you have diplomatic immunity, you still have to play by Australian workplace laws.”
Mr Olsen said that there are systematic problems with the exploitation of foreign workers in Australia.
“From 7-Eleven, the transport industry and all the way up to foreign embassies, we have seen foreign migrants underpaid, exploited and sacked by their bosses if they speak up,” Mr Olsen said.
“I would encourage any workers who are victims of workplace harassment or underpayment to get in touch with a union to learn about their rights as Australian workers.
The consulate has been ordered to pay Mr. Kumar within 21 days of the date of the order.
