A surgery in Loganholme, South of Brisbane has been penalised more than $51,000 for subjecting an Indian-trained doctor to “appalling” treatment after he complained to the Fair Work Ombudsman.
Windaroo Medical Surgery Pty Ltd and its directors Dr Sheila Pathmanathan and Dr. Tan Thi Thanh have also been penalised for their role in threatening the Indian doctor to withdraw his complaint and cutting off his pay after he refused to comply.
The Federal Circuit Court has also ordered Windaroo Medical Surgery and Dr Pathmanathan to jointly pay the doctor $24,724 compensation for economic loss and distress suffered.
The doctor who came to Australia on a medical practitioners visa in 2009 to work at Windaroo Medical Surgery in 2009 complained to the Fair Work Ombudsman the same year following a dispute with his employer. He returned to India the next year.
Judge Jarrett described the treatment of the doctor as “appalling” and found that it had caused him distress.
Judge Jarrett said Windaroo, Dr Pathmanathan and Dr Tran knew the doctor was in “significant financial difficulty” and that withholding payments from him would “add to his financial distress”.
“To coerce a person into withdrawing a complaint made to the Fair Work Ombudsman in exchange for something to which they were in any event entitled is a gross contravention of s.343 of the Act,’’ Judge Jarrett said.
Acting Fair Work Ombudsman Michael Campbell said the outcome of the matter sends a message that retaliating against a worker simply for exercising a workplace right is serious conduct that will not be tolerated.
“It is completely unacceptable and unlawful for an organisation to seek retribution because a worker has exercised their legal right to lodge a complaint with the Fair Work Ombudsman,” Mr Campbell said.
“We will not hesitate to take enforcement action against any organisation that unlawfully threatens and coerces workers.”
Judge Jarrett found that there had been “no expressions of regret or remorse” from Windaroo, Dr Pathmanathan and Dr Tran.
Employers and employees seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94.
For more news and updates, follow SBS Punjabi on.
You may also like to read
Indian restaurant operator penalised $50,872 for exploiting Indian couple
