Melbourne-based IT businessman, Pradeep Gaur and his companies Konsulteq and Konsulteq Upskilling and Training Services, have been forced to pay more than $200,000 in penalties and compensation after exploiting two Indian workers.
The Fair Work Ombudsman investigated Gaur and his companies, and the Federal Circuit Court penalised Gaur personally $35,000 for a series of breaches in workplace laws including sham contracting, underpayments and record keeping. His two North Melbourne-based IT companies have also been penalised $160,000 as well as more than $16,000 in outstanding wages to one of the employees, plus $5144 for sacking her after she complained.
Judge Grant Riethmuller found that the two Indian workers, one on a spousal visa, had a limited understanding of Australian employment laws and their entitlements and Gaur had deliberately underpaid them.
Each of the workers paid Gaur up-front “training fees” of more than $2000 that they understood would lead to jobs with Gaur’s companies - but the workers were not provided with accredited training and were not provided with properly paid employment.
Gaur misclassified one employee as a contractor and then paid her less than half of her lawful minimum entitlements over a 15-month period in 2010-2011, leading to a total underpayment of $16,571.
Gaur then terminated her employment after she continued to complain about her pay.
The other worker, who was also misclassified, was paid nothing for several days of work she performed when Gaur deemed she was volunteering “to get local work experience”.
Gaur back-paid her for the work only after the Fair Work Ombudsman launched legal action.
Other record-keeping and pay slip laws were also breached.
The Fair Work Ombudsman investigated after the employees lodged requests for assistance.
Judge Riethmuller said the two Konsulteq companies were nothing more than Gaur’s “alter egos” and he had attempted to use them “as a shield for his own conduct”.
“Worse still, he attempted to de-register the companies during the proceedings (stating there were no proceedings pending); hoping this would resolve his problems,” Judge Riethmuller said.
“The attempt to deregister the companies exhibits a desire to avoid having to take corrective action. The conduct of the respondents show there is no remorse or contrition in this case.”
Judge Riethmuller found that Gaur was “aware of his obligations”, noting that the Fair Work Ombudsman had put him on notice in 2011 after conducting an audit and requiring him to back-pay eight employees he had underpaid more than $8000.
Fair Work Ombudsman Natalie James says deliberate exploitation of vulnerable overseas workers is extremely serious conduct that will not be tolerated.
“The penalties should serve as a warning to the minority of Australian employers who seek to exploit overseas workers that serious consequences apply if they are caught,” Ms James said.
“Minimum wage rates apply to all employees in Australia – including visa-holders – and they are not negotiable.”
Ms James encouraged employers with any uncertainty about their workplace obligations to visit the Fair Work Ombudsman website at www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for advice.
