The worker is set to receive more than $543,000
Clayton Utz has helped a domestic worker to a win against her employer, a former diplomat, in Federal Court.
The court ordered Himalee Arunatilaka to pay $374,151.90 in unpaid wages and $169,148.83 in interest to Priyanka Danaratna. Lead pro bono partner David Hillard pointed out that this is the second Federal Court ruling of its kind in less than a year.
“Domestic workers in foreign diplomatic residences are among the most vulnerable and isolated workers in Australia. It is hard to conceive of someone in 21st century Australia literally being trapped in a job for three years and earning 65 cents an hour”, he said.
Arunatilaka had engaged Danaratna to work in her Canberra residence after Arunatilaka was named Sri Lankan Deputy High Commissioner in Australia in 2015. Following Danaratna’s arrival in the country, Arunatilaka took and kept Danaratna’s passport.
While in Arunatilaka’s employ, Danaratna reportedly worked every day from six in the morning until late evening, doing the cooking, cleaning, and washing for Arunatilaka and her husband. She was given just two days off after sustaining burn injuries while cooking.
Throughout the duration of her three-year tenure with the family, Danaratna received just $11,212 in salary, which amounts to less than 65 cents per hour. These payments were sent to bank accounts in Sri Lanka. Arunatilaka also kept Danaratna from departing the residence alone without permission, and even then, Danaratna was permitted to take only brief walks.
Danaratna could not quit the job or return home to Sri Lanka while her passport was in Arunatilaka’s possession. Danaratna also couldn’t read or communicate in English, and didn’t have any contacts in Canberra.
No diplomatic immunity
On Thursday, the Federal Court’s Justice Raper ruled that Arunatilaka had violated Australian employment law significantly. This judgment followed the 2023 ruling in Shergill v Singh [2023] FCA 1346, which established that former diplomats are not entitled to diplomatic immunity in employment law claims brought by their domestic workers once they had stepped down from their diplomatic posts.
In total, Arunatilaka was ordered to pay Danaratna $543,300.73. Another hearing will be scheduled to determine further penalties resulting from Arunatilaka’s Fair Work Act violations.
“This decision by Justice Raper, along with the upcoming penalties hearing against Ms Himalee Arunatilaka, spells out clearly that these workers have rights in Australia, and that senior diplomats cannot hide behind diplomatic immunity when it comes to keeping their servants under slave-like arrangements", Hillard said.
The case is Danaratna v Arunatilaka [2024] FCA 918. Hillard and Clayton Utz’s pro bono team represented Danaratna, while Key Chambers’ Prue Bindon acted as pro bono counsel.
According to Clayton Utz, Arunatilaka ignored the court and offered no defence of her actions; nor did she contest the decision. At present, Arunatilaka is serving as the ambassador and permanent representative of Sri Lanka to the United Nations in Geneva.
