Highlights
- New Zeeland-based Indian truck driver sacked by his employer awarded $20,500 in penalties.
- Gurjit Singh lost his job moments after he shared a news story with his workmates in a WhatsApp group.
- ERA ordered his former employer to pay for unfair dismissal, lost wages and illegal deductions.
Gurjit Singh Randhawa approached the Employment Relations Authority (ERA), an independent body that resolves employment relationship issues, after he was allegedly laid off by his boss, Jarnail Singh Dhaliwal of Veer Enterprises, on March 23, 2020.
In an interview with SBS Punjabi, the truckie says he had shared an employment law column published on Stuff which discussed if employers should pay wages to their employees during COVID-19 lockdowns when the first lockdown was announced last year.
He claims that his boss sacked him from his driving job minutes after he shared the story with his six colleagues in a WhatsApp group.
Mr Dhaliwal then sent him an email in which he wrote that he was dismissing Mr Randhawa for being unpunctual and damaging vehicles of Veer Enterprises.
Truckie Gurjit Singh Randhawa lost his job for sharing this story. Source: Stuff, NZ
He also wrote that he would be cutting his wage for two on-duty accidents that Mr Randhawa had done in October 2018 and January 2019.
“I couldn’t believe it. It clearly showed that he wanted to teach me a lesson and send a clear message to other drivers,” Mr Randhawa says.
In his evidence, Mr Dhaliwal's defence argued that the company was entitled to dismiss Mr Randhawa for "not being punctual, damaging the truck, reduced work," and posting "some very provocative comments" during COVID prompted restrictions.
He called his WhatsApp post a "gross incitement" to other drivers.
But the ERA found the wage deductions for two accidents in the past were illegal.
The ERA member Robin Arthur also declared that these deductions were made on the "dubious premise" that the employees had to pay a cost to their employers for any on-job mistakes.
"I was very punctual and never asked for sick leave. I also had to face deductions for some minor accidents. But I got upset after my boss sacked me from work. I felt humiliated and embarrassed after his strict action," Mr Randhawa says.
Mr Randhawa says that he went to ERA not just to get compensated but to seek justice.
Image used for representation purpose only Source: Supplied
"You must stand for what is yours. You must get what you are entitled to, and that is irrespective of your visa status," he says.
The ERA has now ordered Mr Dhaliwal to pay $20,500 for unfair dismissal, lost wages and illegal deductions to the truckie, as well as a $3000 penalty to the Crown.
This payment includes $10,000 for 'humiliation, loss of dignity and injury to his feelings,' $6750 for the loss of wages and $3801 for unlawful deductions, holiday pay and interest.
Mr Randhawa says he is relieved with the verdict and now wants to spread awareness among migrant workers in Australia and New Zealand to be aware of their work rights.
However, his former boss Mr Dhaliwal feels the ERA's decision was "unfair" because he had legally dismissed Mr Randhawa by giving him two weeks’ notice.
He told Stuff that the decision was "one-sided" and the authority always favoured employees over employers. Click here to read his full statement.
What about work rights in Australia?
Image used for representation purpose only. Source: Pixabay
The Fair Work Ombudsman provides free advice and assistance to all workers to help them understand their rights.
Migrant workers and visa holders, including international students, have the same workplace rights as Australian-born workers.
If you think you're being exploited at work, or are an employer or employee seeking assistance, visit the www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. A free interpreter service is available on 13 14 50.
Click on the audio button to listen to an interview with Mr Randhawa, in Punjabi.
News and information is available in 63 languages at sbs.com.au/coronavirus
