Indian worker alleges racism, unfair dismissal against leading construction company

Kapil Sachdeva alleges his complaints about racist comments were ignored and that he was sacked for raising "these issues", claims Metricon denies.

Kapil Sachdeva

Kapil Sachdeva Source: Supplied

An Indian employee of a leading Australian home construction company says he has been unfairly dismissed for raising allegations of racism against some co-workers.

Kapil Sachdeva has alleged his complaints about being subjected to racist comments while working at one of Metricon’s sales sites in Queensland were ignored by the human resources department. Metricon denies Mr. Sachdeva’s claims.

Mr. Sachdeva joined Metricon in March this year and was transferred from the company’s Pimpama display to Ormeau after just a few weeks at work. 

He says his transfer was the result of his complaining to the management about the alleged racist comments directed at him and his Indian clients by one of his colleagues.

Mr. Sachdeva alleges he was singled out with disparaging comments. Once, he claims, when he had kept a small Buddha statue near his computer, a trainer allegedly forced him to remove it and made him sign a paper stating “Buddha not to be kept”.

“It was so hurtful for me that I literally cried that day”, Mr. Sachdeva says. 

One of Mr. Sachdeva’s clients told him that when that client had gone to Pimpama office to speak to Mr Sachdeva, a Metricon employee had told the client Mr Sachdeva was unavailable because he was either “driving a taxi or was at Seven-Eleven, one of the things you people do”.

Mr. Sachdeva was sacked in July before he could complete his six-month probation period at Metricon. The company says Mr. Sachdeva violated company’s policies and did not follow procedures. It says he tried to poach clients who were dealing with other sales consultants, something he had been warned about before in a formal meeting.

Mr. Sachdeva contests the reason given for his termination. He says the client mentioned in the termination letter had contacted him first and didn’t want to deal with the other consultant. 

He has complained to Queensland’s anti-discrimination commission claiming he faced racism while working at Metricon and that he was sacked for raising these issues.

Metricon says the allegations were thoroughly investigated. It has strongly rejected the allegations that Mr. Sachdeva’s departure from the company was race-related.

“In investigating this matter, Metricon has interviewed a number of people, including former and current staff of Indian and Asian heritage who worked directly with or for Mr Sadcheva.  Each has confirmed that at NO TIME did they witness any inappropriate or racist behaviour towards themselves, Mr Sadcheva, or any customers,”Metricon’s General Manager of People and Business Development Merril Hotchkin said. 

“Mr. Sachdeva’s probation was not extended due to repeated breaches of company policies, for which he was formally warned prior to his employment ceasing,” Mr. Hotchkin added. 

Mr. Sachdeva has also complained to the Fair Work Commission, claiming unfair dismissal. He also alleges that Metricon hasn’t paid him his commission of nearly  $80,000 for sales he has done.

Metricon also contests that any commission remains unpaid, commenting “we are disappointed Mr. Sachdeva feels he was not treated fairly and continue to offer support to ensure his health and wellbeing remains the paramount consideration.”

Share
3 min read
Published 6 September 2017 3:59pm
Updated 6 September 2017 4:34pm
By Shamsher Kainth

Share this with family and friends