IT worker’s fail over unfair dismissal claim

An IT worker was sacked after refusing to return to the office after the Covid-19 outbreak, but now the plot has thickened.

An IT worker who claimed he was unfairly dismissed after failing to return to the office after the Covid-19 outbreak has been referred to the police after he was found to have given “false and misleading evidence” to the Fair Work Commission.

Imran Karim Budhwani was hired by IT consulting firm Infosys in 2018 to look after computers and printers at the company’s North Sydney headquarters.

He was fired by the company in December last year and launched an unfair dismissal claim in March.

Imran Karim Budhwani claimed he had been unfairly dismissed by the company. Picture: Flatmates.com.au

The commission heard how in October 2021, Infosys implemented a policy requiring workers to be vaccinated.

It also heard that Mr Budhwani refused to get vaccinated, however, told the company he was vaccinated so he could return to the office, the commission heard.

During cross-examination, Mr Budhwani said he was “caught out lying” about his vaccination status when asked to produce a certificate.

However, the company allowed him to continue working remotely.

When the company eventually relaxed their vaccination policy, which allowed unvaccinated workers to return to the office, Mr Budhwani told his manager he could not do so as he was no longer living in Sydney and was suffering a “medical condition” which had recently worsened.

A few weeks later, he attended a series of meetings with senior employees about his employment.

The Infosys offices in North Sydney. Picture: Google Maps

During the meeting, he told his bosses did not wish to share any information about his medical condition with the company.

The Commission heard he then failed to turn up to a further meeting about his employment and was terminated by the company.

“You were provided with an opportunity to respond to the allegations made against you, but you have chosen not to respond,” he was told in an email from his manager.

Commissioner Phillip Ryan ruled against Mr Budhwani and labelled him an “unsatisfactory witness” who gave “inconsistent and contradictory evidence”.

“There is nothing illegal or unlawful regarding a direction to an employee to work from an office location,” he ruled.

“The Applicant blatantly failed to comply with lawful and reasonable directions of the Respondent and failed to engage with the Respondent in any meaningful way when it attempted to raise those matters with him.”

The commissioner also said he would be referring Mr Budhwani to the Australian Federal Police as it is an offence to give “false or misleading evidence” at the FWC. No charges have been laid.