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

Sydney Consul general

By A 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.

June 14, 2016

MG-NREGA: A global model still waiting to be fully implemented

By Bharat Dogra When the Mahatma Gandhi National Rural Employment Guarantee Act (MG-NREGA) was introduced in India nearly two decades ago, it drew worldwide attention. The reason was evident. At a time when states across much of the world were retreating from responsibility for livelihoods and welfare, the world’s second most populous country—with nearly two-thirds of its people living in rural or semi-rural areas—committed itself to guaranteeing 100 days of employment a year to its rural population.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Concerns raised over move to rename MGNREGA, critics call it politically motivated

By A Representative Concerns have been raised over the Union government’s reported move to rename the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), with critics describing it as a politically motivated step rather than an administrative reform. They argue that the proposed change undermines the legacy of Mahatma Gandhi and seeks to appropriate credit for a programme whose relevance has been repeatedly demonstrated, particularly during times of crisis.

Rollback of right to work? VB–GRAM G Bill 'dilutes' statutory employment guarantee

By A Representative The Right to Food Campaign has strongly condemned the passage of the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (Gramin) (VB–GRAM G) Bill, 2025, describing it as a major rollback of workers’ rights and a fundamental dilution of the statutory Right to Work guaranteed under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). In a statement, the Campaign termed the repeal of MGNREGA a “dark day for workers’ rights” and accused the government of converting a legally enforceable, demand-based employment guarantee into a centralised, discretionary welfare scheme.

Making rigid distinctions between Indian and foreign 'historically untenable'

By A Representative Oral historian, filmmaker and cultural conservationist Sohail Hashmi has said that everyday practices related to attire, food and architecture in India reflect long histories of interaction and adaptation rather than rigid or exclusionary ideas of identity. He was speaking at a webinar organised by the Indian History Forum (IHF).

From jobless to ‘job-loss’ growth: Experts critique gig economy and fintech risks

By A Representative Leading economists and social activists gathered in the capital on Friday to launch the third edition of the State of Finance in India Report 2024-25 , issuing a stark warning that the rapid digitalization of the Indian economy is eroding welfare systems and entrenching "digital dystopia."

India’s Halal economy 'faces an uncertain future' under the new food Bill

By Syed Ali Mujtaba* The proposed Food Safety and Standards (Amendment) Bill, 2025 marks a decisive shift in India’s food regulation landscape by seeking to place Halal certification exclusively under government control while criminalising all private Halal certification bodies. Although the Bill claims to promote “transparency” and “standardisation,” its structure and implications raise serious concerns about religious freedom, economic marginalisation, and the systematic dismantling of a long-established, Muslim-led Halal ecosystem in India.

School job scam and the future of university degree holders in West Bengal

By Harasankar Adhikari The school recruitment controversy in West Bengal has emerged as one of the most serious governance challenges in recent years, raising concerns about transparency, institutional accountability, and the broader impact on society. Allegations that school jobs were obtained through irregular means have led to prolonged legal scrutiny, involving both the Calcutta High Court and the Supreme Court of India. In one instance, a panel for high school teacher recruitment was ultimately cancelled after several years of service, following extended judicial proceedings and debate.

Search This Blog