Sri Lankan Diplomat Faces Major Penalties for Exploiting Domestic Worker in Australia

COLOMBO (News 1st); The Australian Federal Court has held that former Sri Lankan Deputy High Commissioner in Australia, Himalee Arunatilaka, owes her former domestic worker $374,000 in unpaid wages, plus a further $169,000 in interest.

A further hearing is to be held to determine the additional penalties which Arunatilaka must pay for her multiple breaches of the Fair Work Act.

When Himalee Arunatilaka was appointed Sri Lankan Deputy High Commissioner in Australia in 2015, she brought Priyanka Danaratna, with her to live and work at her home in Canberra.

Arunatilaka had reportedly taken away Priyanka Danaratna's passport away when she arrived in Australian. It was never returned.

Priyanka Danaratna had worked from 6am until late into the evening - cooking, cleaning and washing for Arunatilaka and her husband - seven days a week, for three years. She had only two days off in all that time, after she had burned her hand cooking.  

The legal team for Priyanka Danaratna said that she was paid only $11,212 in total, or less than 65 cents an hour, sent directly to bank accounts in Sri Lanka. Arunatilaka forbade her from leaving the residence alone without permission, and then only for short walks.

The legal team added that Danaratna knew no-one in Canberra, spoke and read no English, and without her passport had no way of leaving her work or returning home.

Danaratna was represented by the Clayton Utz pro bono team, who instructed Prue Bindon of Key Chambers as our pro bono counsel.

On 15 August 2024, Justice Raper of the Federal Court of Australia found in Danaratna v Arunatilaka [2024] FCA 918 thatArunatilaka had committed "significant breaches" of Australian employment law. Arunatilaka was ordered to pay $374,151.90 in unpaid wages, plus a further $169,148.83 owing in interest on that amount, coming to a total of $543,300.73.

This is an internationally significant case, which follows the 2023 decision in Shergill v Singh [2023] FCA 1346  that after an official has left their diplomatic post, there is no diplomatic immunity available to protect that diplomat against Australian employment law claims by their domestic workers.

Rather than challenge the decision or defend her actions, Arunatilaka has chosen to ignore the Court.  She now serves as the Ambassador and Permanent Representative of Sri Lanka to the United Nations in Geneva.