Skip to main content

Indian mission told to follow Aussie laws: Sydney consulate fined $10,620 for "unfair" dismissal of employee

Sydney Consul general B Vanlalvawna
By Our Representative
In what is being interpreted by the Indian diaspora across Australia as “not a very bright event” for the community, the Indian consulate in Sydney has been fined $10,620 over “unfair dismissal” of an employee, who claims to be a whistleblower, Hitendra Kumar, an immigrant working with it as a driver.
A report published in the “South Asia Times (SAT)” (June 2016), a periodical published from Melbourne, Australia, has said that after Kumar’s employment was terminated, he challenged “the unfair dismissal” in the Fair Work Commission court.
Talking about what went wrong, Kumar has been quoted as saying, “When I began to highlight serious issues and discrepancies in what was going on at the consulate, I was sacked on a trumped up charge. I’m delighted that I’ve been vindicated by the Courts.”
The judgement went in favour of the employee after the consulate put up stiff resistance despite the court providing the option for an out-of-course settlement, which could have “saved a lot of money and embarrassment and litigation for the consulate.”
Based on documents obtained by Ashok Kumar of the “Indian Subcontinent Times, Sidney, the report said, the consulate “opted to go ahead with the court with proceedings and thereby incurring three times the cost and ended up paying 12 weeks’ salary $10,620.”
Ashok Kumar
“The consulate ignored the fact that working laws are different in Australia than in India and it had to follow Australian procedures when dealing with any Australian citizen or permanent resident as the employee of the consulate”, the report said.
The report quoted Transport Workers’ Union acting secretary Richard Olsen welcoming the decision by the Fair Work Commission to award a driver “unfairly” dismissed by the Indian consulate, saying that it would send “a clear message that no employer is above the law.”
Olsen said, “This decision sends a message to all workers in Australia, especially foreign migrants, that you have rights no matter who your boss is or what they tell you. It also sends a message to employers that even if you have diplomatic immunity, you still have to play by Australian workplace laws.”
He further said, “There are systematic problems with the exploitation of foreign workers in Australia”, adding, “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.”

Comments

Anonymous said…
Discuss the actual case's details mate rather than beating around the bush or at least give the link to the case order itself.

TRENDING

US research: 40% of India's casteist Facebook posts are anti-reservation, anti-Dalit

By Rajiv Shah
A recent American civil society research has found that 40% of India's casteist posts on Facebook (FB) have anti-reservation slant. Asserting that the reservation policy in India is similar to affirmative action in the United States, the research study, titled "Facebook India: Towards The Tipping Point of Violence Caste and Religious Hate Speech", says, this type of hate content on FB is mainly directed against Dalits and Adivasis.

Sanjiv Bhatt paying price for deposing on Modi role in Gujarat riots: Wife Shweta

Counterview Desk
Following the Jamnagar sessions court ordering life imprisonment to former IPS officer Sanjiv Bhatt for his alleged involvement in three decades old custodial death case, his wife Shweta Bhatt has said that he has been sentenced for a “for a crime he did not commit”, even as criticizing the Indian Police Service (IPS) Association, Gujarat, for not standing up for him.

Senior advocates targeted because they took up cases against Amit Shah: Lawyers' NGO

Counterview Desk
The Lawyers Collective (LC), an NGO claiming to promote human rights issues, has expressed surprise at the latest move by the Central Bureau of Investigation (CBI) to register an FIR against the Lawyers Collective (LC), its president Anand Grover and unknown office bearers for alleged violation of the Foreign Contributions Regulation Act (FCRA).

How Gujarat govt imposed curbs on livestock export for 'fear' of losing BJP vote share

By RK Misra*
Insidious are the ways authorities function, preaching one thing, practicing quite another. Administrative muscle-flexing to suit political goals was on display when the BJP-led Vijay Rupani government in Gujarat banned the export of livestock days ahead of Eid. Even the Narendra Modi-led government expressed its intent to confirm it countrywide, but stopped short of doing so.

One of the least peaceful countries, India's global peace ranking deteriorates: Report

By Rajiv Shah
A just-released report has asserted that India's ranking in the Global Peace Index (GPI) is 141st among 163 countries, deteriorating by four ranks in a year. Ranking 163 countries by providing a score to each, the report, prepared by the Institute for Economics and Peace (IEP), headquartered in Sydney, Australia, has found India to be one of the least peaceful nations in the region.

Demand for Bharat Ratna to Dalai Lama as top RSS leader warns China of 'strong' action

Nava Thakuria*
Dharamshala: Indian supporters for a free Tibet have urged the Government of India to confer Bharat Ratna, the country’s highest civilian honour, on the Tibetan spiritual leader, the 14th Dalai Lama, for his “immense contributions” in creating goodwill for India in the last six decades. A declaration, adopted at the 6th All-India Tibet Support Groups’ Conference held on June 15 and 16 in Dharamshala township of Himachal Pradesh, said that the Nobel laureate continues to be a holy ambassador of Indian culture enriched with non-violence, compassion and religious harmony.

Sabarmati 'cleaned up' swimming pool style: Untreated effluents discharged in river

Counterview Desk
In a fresh letter to the secretary, Ministry of Environment, Forests and Climate Change (MoEFCC), Government of India, senior Gujarat environmentalists Rohit Prajapati and Krishnakant of the Paryavaran Suraksha Samiti (PSS) have taken strong objection to the recent clean-up drive of the about 11.3 km stretch of Sabarmati riverbed undertaken by the Ahmedabad Municipal Corporation (AMC), terming it as “swimming pool type clean-up.” The river’s total length is 371 km.

Jharkhand mob lynching: Adivasis protest police 'inaction', FIR against victims

Counterview Desk
The Jharkhand Janadhikar Manch (JJM), a civil rights network, on Monday sponsored a protest against the police action against the Adivasi victims of the lynching which took on April 10, 2019, in Jurmu village of Dumri block in Gumla district of Jharkhand. The incident led the death of Prakash Lakda, aged 50.

Gujarat govt 'considers' temples, charitable institutions as shops and establishment

By Pankti Jog*
The Gujarat state assembly recently passed a new law which would "govern" the working condition of shops and establishments. One of the most talked about provisions of the Act is, it allow shops and establishments across Gujarat to function 24 hours.

There is no 'separate' Kashmir story, as there is for Afghanistan, Nepal, Tibet, Palestine

By Mohan Guruswamy*
Kashmir is the northernmost geographical region of South Asia. Until the mid-19th century, the term "Kashmir" denoted only the valley between the Great Himalayas and the Pir Panjal mountain range. The name Kashmir derives from the Sanskrit Kashyapmeru. The Greeks knew it as Kaspeiria. Herodotus called it Kaspatyros.