AN Indian chef says his Hobart boss threatened to have him deported when he asked for annual leave.
Jagat Singh Rana, 37, is seeking more than $40,000 compensation for alleged underpayment while he worked at the Magic Curries restaurant in Battery Point from 2004 to last November.
The Tasmanian Industrial Commission heard Mr Rana worked seven days a week for five years without a paid holiday.
He said he was not aware he was entitled to paid leave until he started attending English language classes in 2008.
Mr Rana told the commission this morning he asked his bosses Anil and Manju Sharma if he could take some annual leave last October.
"I told them I want leave, my family is here, I've never taken a day off," Mr Rana said.
Mrs Sharma refused, he said.
"She said 'we never give any leave to anyone'," Mr Rana said.
"Mr Sharma said 'I will send you back to India'."
Under cross examination Mr Rana agreed he had a permanent visa by that stage, but he still believed Mr Sharma could have it withdrawn.
The Sharmas' lawyer Craig Green asked Mr Rana why he waited until last October to ask for leave if he discovered he was entitled to it in August 2008.
"I didn't have any guts to face them and I was scared," Mr Rana said, speaking through an interpreter.
The Sharmas are expected to give evidence this afternoon.
