In a landmark judgment, an Australian Federal Court judge has ordered Sri Lanka’s former Deputy High Commissioner to Australia, Himalee Arunatilaka, to pay $543,000 in unpaid wages and interest to a domestic worker.
Arunatilaka also faces a significant fine for breaching Australian employment laws.
The judge expressed displeasure with the Home Affairs Department for failing to properly scrutinize the Sri Lankan diplomat, who confiscated a staffer’s passport and granted only two days of leave in three years.
The court found that during Arunatilaka’s tenure in Canberra from 2015 to 2018, she denied her employee, Priyanka Danaratna, minimum pay and working conditions.
Justice Elizabeth Raper noted during the proceedings that Danaratna worked from 6 a.m. to 10 p.m., seven days a week, and was only allowed two days off after suffering a burn from cooking oil.
During this period, Danaratna was paid just $11,200—equivalent to around 75¢ an hour—which was sent to Sri Lanka.
The court also found that Danaratna was not permitted to leave the Canberra residence alone and had her passport confiscated.
In addition to the damning judgment against Arunatilaka, Justice Raper suggested that a more thorough investigation by the Home Affairs Department could have resulted in a different employment situation for Danaratna.
“It is concerning that, based on the materials provided, it would have been clear that Danaratna was not going to be paid nor enjoy the protections under the Award or the FW Act,” Justice Raper wrote.
“There was no apparent attempt by Arunatilaka to conceal the arrangement. It is perplexing that the department, in these circumstances, did nothing and granted the visa.”
Himalee Arunatilaka currently serves as Sri Lanka’s Permanent Representative to the United Nations (UN) in Geneva.
This case is one of several recent instances where diplomats from countries with poor employment practices have been caught violating employment laws in Australia and have faced substantial penalties.
Arunatilaka did not defend the legal actions against her, and it is unclear whether the claimants in the case will ever receive any of the amounts awarded.
The case was made possible because the Federal Court recognized that the residual immunity granted to former diplomats does not extend to their employees, who are covered by Australian fair work laws.
Clayton Utz pro bono Partner David Hillard, who led the matter alongside Canberra barrister Prue Bindon, emphasized that this was not an isolated case.
“It is the second Federal Court matter in less than a year involving domestic workers at diplomatic residences in Canberra,” Hillard said. “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 being trapped in a job for three years and earning 75 cents an hour.
“This decision confirms that these workers have rights in Australia and that senior diplomats cannot hide behind diplomatic immunity when it comes to keeping their servants in slave-like conditions.”
In 2023, Arunatilaka was appointed Sri Lanka’s Ambassador and Permanent Representative to the United Nations in Geneva.
