Sri Lanka responds to Australian court’s verdict on diplomat’s domestic worker case

17 August 2024 09:16 pm Views - {{hitsCtrl.values.hits}} 65 Bookmark

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Colombo, August 17 (Daily Mirror) - The Ministry of Foreign Affairs in Sri Lanka said today that its attention has been drawn to the recent media reports regarding a judgement given by the Australian Federal Court in a case against the former Deputy High Commissioner of Sri Lanka in Canberra.

The Ministry of Foreign Affairs said that it is the standard practice that diplomats are facilitated by the Ministry of Foreign Affairs to take domestic assistants to assist their official representational duties. The domestic assistant in question served a full three-year term, and on the eve of the employer’s originally intended departure from Australia, absconded from the residence of the employer, the Ministry said in a statement.

The Ministry said that the salary agreed upon between the parties was paid to the domestic worker as approved by the Ministry.

On August 15, the Australian media reported that an Australian Federal Court judge had criticised the Home Affairs Department for not adequately scrutinising the Sri Lankan diplomat, Himalee Arunatilaka, who was accused of confiscating her domestic worker’s passport and providing only two days of leave over a three-year period.

The court ordered Ms. Arunatilaka to pay dollars 543,000 in unpaid wages and interest to the domestic worker, Priyanka Danaratna, and highlighted potential breaches of employment laws.

Justice Elizabeth Raper of the Australian Federal Court found that Ms. Danaratna had worked extremely long hours under oppressive conditions, receiving just dollars 11,200 over the three years—equivalent to approximately 75 cents per hour. The court also noted that Ms. Danaratna was denied permission to leave the Canberra residence alone and had her passport confiscated.

Justice Raper criticised the Australian Home Affairs Department for not identifying the issues during the visa process, which could have altered the outcome of Ms. Danaratna’s employment.

Comments - 65

Upul Saturday, 17 August 2024 09:22 PM

So is the deal is that Sri Lanka's low wages are paid in Australia too, where domestic labour is paid a minimum wage?

5 102

Tissa Fernando Sunday, 18 August 2024 02:33 AM

Probably, due to lack of potential risk assessment as well as lack of knowledge in Australia labour laws. Except gor those who work for the Embassy, I think the rest are covered by the host country labour law. Abscoding is a known risk. Many accept these jobs in order to abscond after sometime. But how did Aussie court conclude that she worked 24 hours , is it the workers lawyers who stand to get a percentage from the compensation?

30 12

BanduXX Sunday, 18 August 2024 02:45 PM

It is because she did not contest the case and appear in Court. This is Ex-Parte. Why the diplomat did this, I do not know. 0.75A$ per hr for 8hrs daily multiplied for 30 days is about Rs.40,000.00 and this is a reasonable salary by SL standards as Board and Lodging is free. But then is she governed by Aussie Law or SL law being in the Embassy.

1 8

Mokan Saturday, 17 August 2024 09:27 PM

Bull Shit

5 52

Gt Saturday, 17 August 2024 09:51 PM

All ministers involved should be sacked, its disgusting how low sri Lankan wages are, cost of living exceeds many other countries but wages are among the lowest in the world, even huge companies/hotels owned by foreigners earning billions pay workers unlivable wages just because they are sri Lankan, while a foreigner with same qualifications earns much more, why does sl government encourage this practice of racism against its own people, gov should work for its people, not take advantage of them, disgusting people politicians

2 34

Ruwan Saturday, 17 August 2024 10:04 PM

The SL government is trying to defend and justify an indefensible brutal act of slavery. Normally, we are accustomed to hear this sort of sordid stories from the SL housemaids in the middle eastern countries. I wonder, whether the deputy high commissioner ever had a domestic slave at her own home in Sri Lanka. This woman diplomat has sullied the image of Sri Lanka and the SL Ministry of Foreign affairs should not attempt to whitewash this appalling act of a missy appointed as the deputy high commissioner in Australia.

2 46

Karalasingam Sivalingam Saturday, 17 August 2024 10:13 PM

Anyone expressing opinions against court decisions in Australia or in any other country amounts to contempt of court.

5 29

M Fernando Wednesday, 21 August 2024 06:58 AM

So any appeals lodged in the Appeals Court against this decision would also be "contempt of court" ??? You might want to revisit that statement. :-)

0 2

wickrama Wijayasiri Friday, 23 August 2024 02:57 AM

AUZ law is not valid within the SLHC premises. It is considered as a part of SL.

0 2

Francis Saturday, 17 August 2024 10:28 PM

Regardless my observation she must be a poor diplomat . Just see the saree she iwas wearing in 2013 photo while she was the deputy in Aussie after 8-9 years wearing the same saree when she went to submit her credentials in Geneva. Damn sinnAne. No wonder she did what she did. Also MOFA’s response does not mean anything

4 17

Dan Saturday, 17 August 2024 10:44 PM

In addition to.the low wages generally paid in Sri.Lanka, she didn't enjoy any leave for the three years and also her passport was confiscated. Is that acceptable behaviour of a Sri Lankan diplomat?.

0 35

Dinesh Saturday, 17 August 2024 10:50 PM

A lot of Asians including Sri Lankans work as freelancers in Western Countries for very low rates. Even software programmers get 1000 to 1500 dollars per month. That is 15000 to 18000 dollars per month. This is less than 1/5th of the salary paid in those countries. However, these labor laws do not apply to them.

6 7

BanduXX Saturday, 17 August 2024 11:24 PM

So why in heaven's name did she not appear in Court and say all this. A cover up to help the 'diplomat'.

0 14

Gunawardana Sunday, 18 August 2024 01:34 PM

$2500 enough for a year there, and save something.

1 0

Subramaniam Sunday, 18 August 2024 12:04 AM

My understanding is that premises occupied by diplomats are considered to be sovereign soil meaning that in this instance Sri Lankan law applies. Is this case where the employer was not a fully fledged diplomat?

13 5

Rip Winkle Sunday, 18 August 2024 11:38 AM

In simple English, diplomatic immunity does not apply whereas domestic workers issues are concerned. Furthermore, it made it possible to go ahead with the case after the diplomat had served her term.

0 16

Lk Sunday, 18 August 2024 12:24 AM

This is cover up statements . It is alleged as absconded ..she might have done it to tell the Australian court and to file a case . This is a tip of iceberg ..many incidents like this take place. Some of diplomats are rude and very bad

0 17

London Resident Monday, 19 August 2024 01:23 PM

The Diplomat should be recalled immediately, without issuing bluffing statements.

1 1

FredSnR Sunday, 18 August 2024 02:24 AM

No press freedom in SL, wheels of justice move slowly if at all, as such those at the top can get away with anything but in fairness to her let there be a full investigation the truth won't be hard to find

1 12

Shanker Sunday, 18 August 2024 03:25 AM

It will be interesting to see what action government takes against this DPL ?

0 15

Priya Sunday, 18 August 2024 04:33 AM

When in Australia you MUST adhere to Australian laws. You cannot simply state that you agreed to a Sri Lankan wage prior to the domestic worker departing Sri Lanka. The domestic worker was working in Australia legally for the Deputy Sri Lankan High Commissioner, hence comes under Australian laws. You would think that anyone with a basic level of intelligence would understand this requirement.

3 20

Doubter Sunday, 18 August 2024 05:14 PM

On the above basis our Ambassadors and all staff in service must be paid same salaries as Australian Diplomats? The Embassy property is sovereign, though outside that, you must adhere to Australian Law and no immunity. Correct me if I am wrong.

2 2

Jude Monday, 19 August 2024 05:12 AM

Was this domestic assistant working within embassy premises? Only embassy premises are within Sri Lankan jurisdiction. If the deputy high commissioner was residing in a rental home outside of the embassy premises, and the domestic assistant was working there, both the deputy high commissioner and the domestic assistant were under the Australian jurisdiction.

0 0

Gamini Wickramanayake Sunday, 18 August 2024 04:36 AM

Australia has a minimum wage for every occupation whether domestic cleaner or any other jobs. You won't find any body have domestics in Australia. Unless you are super rich .So pay up if you have broken the Law.

0 27

Cluless Sunday, 18 August 2024 04:39 AM

Interesting to know whether the diplomat earned $543,000 for the 3 years

0 18

Priya Sunday, 18 August 2024 01:23 PM

This figure also includes interest payable on the domestic worker’s unpaid wages.

0 1

S B Lokuge Sunday, 18 August 2024 04:45 AM

This is a result of political appointees for the diplomatic post. If this story is true, this 'so called' diplomat has acted like a typical Sri Lankan political thug.

1 18

Ram P Sunday, 18 August 2024 05:49 AM

Response must not be to press or Australian foreign Ministry but to court where an order to pay is made. If the SL Foreign Ministry cannot understand that simple logic the Ministry officials must go home. Where on earth do people issue statements when a court judgement is current. Either file papers in the same case or appeal within 28 days

1 14

Jagath Sunday, 18 August 2024 05:53 AM

This what happens when idiot politicians appoint idiots to influential positions. They just bring discredit to the country.

0 19

Upulpb Sunday, 18 August 2024 06:43 AM

If minimum wages stipulated by the countries are paid to domastic workers they will earn more than the embassy staff. Since hiring local domastic staff is unaffordable they are recruited here with official agreements prior departure. May sound bad but this what is happening.

2 10

Mohan Sunday, 18 August 2024 07:55 AM

Can the ministry reveal the salary agreed upon by the parties?

0 8

Her reputation court judgement will tarnish our country Sunday, 18 August 2024 08:28 AM

Ministry of Foreign Affairs has admitted to it being complicit in the unpaid wages case. The reputation of Sri Lanka in the UN will suffer with Himalee Arunatilaka continued to represent Sri Lanka in UN. Everything she tries to do on behalf of Sri Lanka will be seen through her past 'unfairness' towards Ms. Danaratna.

0 17

PRI Sunday, 18 August 2024 08:42 AM

There is no place for slavery in a developed country like Australia that has high standards of living. Don't bring your third world dirty habits to this country and corrupt it. I am a Sri Lankan living in Australia.

1 14

ANTON Sunday, 18 August 2024 09:13 AM

TYPICAL SRI LANKAN EXCUSE FOR MODERN DAY SLAVERY!

1 11

Nihal S Sunday, 18 August 2024 09:15 AM

If it is the case, what our High Commissioner in Australia was doing while the court case was in progress all these years? Is the GoSL going to appeal against the verdict?

0 6

Priya Sunday, 18 August 2024 11:15 AM

And say what? We paid the poor lady peanuts, confiscated her passport, made her work from 06:00 to late at night every day, only gave her 2 days off in 3 years, and that was only because she burnt her hand and required treatment?

1 9

Sunil Sunday, 18 August 2024 06:44 PM

The High Commissioner at the time was Somasundaram Skandakumar, a veteran Royal Cricketer. Skanda is a decent man and will never do this to his domestics

0 1

Former Diplomat Sunday, 18 August 2024 09:19 AM

What about the diplomatic immunity?

8 2

Siripala Sunday, 18 August 2024 11:35 AM

@Former Diplomat, from your comment it is obvious you were not a former diplomat as you appear to know nothing about diplomatic immunity.

0 11

Citizen k Sunday, 18 August 2024 09:29 AM

This is exploitation ,as cost of living in Australia is so different to Sri Lanka and our embassy should understand this and pay wages according to the country.Is she paid according to Sri Lankan Salary structure?The answer is definitely no ,so she should pay that lady her proper wages.The Australian judgement is spot on.

2 13

Ishanga Wanasundera Sunday, 18 August 2024 09:31 AM

The Ministry of Foreign Affairs in Sri Lanka has got it wrong. When in Australia you follow Australian Laws. A judge wouldn't pass a wrong judgement, if that was the case Ms. Arunatilaka should have appealed the ruling.

0 13

Jude Sunday, 18 August 2024 09:32 AM

As expected SL foreign ministry exibhits low class low-level lowlife response!!

0 13

P dias Monday, 19 August 2024 08:27 AM

SL foreign ministry has not reviewed staff salaries and benefits of diplomatic staff for 20 years except their own.

0 0

Joe Sunday, 18 August 2024 09:36 AM

Sri Lankan foreign service facilities and encourages slavery. All should be trialed at the Hague.

1 12

Raj Sunday, 18 August 2024 10:10 AM

It as an agreed practice that we would have some slaves and you do not have to worry about it!

0 9

Ignatius Sunday, 18 August 2024 11:06 AM

The judge has ordered a payment of $543,000 for 3 years. I worked for the Australian Federal government for 3years. My total income was $240,000 (before tax). Must work for Sri Lanka in the Diplomatc circle. What a lot of Bull. This is Australia. Everything is OVERBLOWN.

9 5

Sokrates Sunday, 18 August 2024 12:09 PM

I don't think you worked 16 hours a day and got almost no vacation. You forgot to calculate the overtime, weekend work and vacation time. With a little math skills you can see that the amount mentioned is not too high.

0 11

Mahila Sunday, 18 August 2024 02:02 PM

$543,000 compensation computation seems right considering the Minimum wage of $ 22/hour and she has worked 24 hours for 3X363 (2days off) in total and subtracting, what she has been paid already by the diplomat!!?? Why does SL appoint Diplomats who cannot discern what laws apply, for their actions in the Host country!!??? Leave this apart, my personal experience, with the people working for SL embassy, Canberra is stupefying!!! Especially drivers of DPL vehicles speeding and driving recklessly, negligently and without cared for other users on Federal Highway!!!?? There was no occupant in the rear passenger seat, presumably, the HC was not in vehicle!!?? Sad to say, this was in 2007 or 2008, the time an old Royalist Ex-Navy commander was the incumbent!!??

1 7

Samantha Sunday, 18 August 2024 05:02 PM

$80k/year before tax? Were you employed as a cleaner?

1 4

Lanka Sunday, 18 August 2024 11:16 AM

There're many questions about this case ...this case gives us many clues . First of all our diplomatic missions need many reforms and update ..they should know when they recruit minor officials that they should know people cannot live on sri Lankan salaries ...as life is very expensive in western counties so review salaries of those minor officials ..you can pay them in sri Lankan rupees..judges in Australia count the minimum wage in their money not in rupees.. Secondly when you recruit minor employees make sure you know employment rights in those counties. They are totally different from ours . You can't live in those counties with the sri Lankan mind sets Educate our diplomatic officials in all those areas ..most of our diplomatic officials are politically appointed..some of them are not qualified to know all these differences

2 7

Nimal Sunday, 18 August 2024 11:18 AM

This is what happens when you have political appointments to diplomatic missions.

1 8

Hassanda Sunday, 18 August 2024 11:20 AM

I dont understand y SL govt and Foreign Affairs ministry getting involved a officer’s Personal issues - No Govt in the world Waste time in the staff’s domestic issue And Ministry of Foreign issuing an Official reply on that case which has no Relevant and MFA shud immediately Inform the concern officer to respond Without delay to her or to the post She is holding

0 4

Prasanna Jayaratne Sunday, 18 August 2024 11:42 AM

This is deeply troubling and raises serious concerns about the integrity of Sri Lanka's diplomatic representation. While the Ministry emphasizes the payment of wages, it overlooks the Australian Federal Court's findings that go beyond just financial compensation. The court clearly outlined grave human rights violations, including the confiscation of the domestic worker’s passport and forcing her to work excessively long hours without proper compensation. These actions constitute serious breaches of human rights. It's alarming that someone implicated in such violations is being allowed to head the Geneva mission, a role that involves significant interaction with the UN Human Rights Council (UNHRC). This decision not only undermines Sri Lanka's credibility on the international stage but also risks drawing further scrutiny from the UNHRC, potentially leading to more damaging consequences for the country.

0 3

Mahila Monday, 19 August 2024 12:53 PM

Prasanna, "It's alarming that someone implicated in such violations is being allowed to head the Geneva mission, a role that involves significant interaction with the UN Human Rights Council (UNHRC)" You are right on the money Prasanna and no qualms about our stated position!!?? Transfer her before the UNHRC members raise this question in Geneva!!?? Or even others??? What this is all about is contrary to the position, we are taking up at UNHRC - we battled with AK-47 on One-Hand and the UNHRC Charter on the Other hand!!? Continuous monitoring of HR at all times!? Field Marshall Sarath Fonseka wouldn't appreciate this episode as the bottom of his claim blows-out!? What a Mess!!??

0 0

Karalasingam Sivalingam Sunday, 18 August 2024 11:47 AM

AKD, if returned to power could push all diplomats without proper criteria for such posts to a dustbin and introduce merit based diplomatic service.

1 6

Dhamji paul Sunday, 18 August 2024 11:57 AM

The Ministry”s ”s attempt to down play is unacceptable and raises serious concerns about Sri Lanka's commitment to upholding human rights. While the Ministry emphasizes that wages were paid according to an agreement, it fails to address the court's findings of severe human rights violations, including the confiscation of the domestic worker’s passport and forcing her to work under oppressive conditions with minimal pay. Her guilty of such serious breaches—essentially convicting her of these violations—makes it even more concerning that she is being positioned to lead the Geneva mission. How can someone found guilty of violating human rights be expected to represent Sri Lanka in a forum that focuses on protecting those very rights? No country will accept convict and a human rights violator as Ambassador .This approach of ministry contributes to Sri Lanka's growing unpopularity and damages the country's image internationally

0 4

Das Sunday, 18 August 2024 12:49 PM

How Govt of Sri Lanka involves , are the tax payers going to pay this as well .

0 1

ACA Sunday, 18 August 2024 12:50 PM

Did she paid the allowance paid by the government to the domestic worker? Are there any conditions on minimum humanitarian treatment for the workers by diplomats, if not need to train them ?

0 4

roobarbie Sunday, 18 August 2024 02:07 PM

Absolute rubbish and lies spreading by a corrupt department and corrupt sri lankan government to pass off the responsibility for their culpable conduct to the helpless victim in this case. If the diplomat employer confiscated the passport of the employee, then how did the latter abscond, and had the employer reported the matter to the Australian police. How come Sri Lankan government did not know about the employment laws in Australia, before approving the emplyoment contract with a 75c per hour wages. In this case I say the department and the slk government were also culpable for this misdeed.

0 3

A.P. Jayatilake Sunday, 18 August 2024 06:41 PM

The Sri Lanka Foreign Ministry has issued a response to recent media reports to clear Himalee’s name and protect the Ministry. The Ministry pays the service assistants, who sign an agreement with the Sri Lankan Government that clearly outlines their salary, duties, and terms and conditions. The issue of how the service assistant was treated is one that only Himalee and the service assistant, Danaratne, can fully address. The Ministry cannot provide a blanket endorsement of Himalee's actions, especially since the Australian Court has rendered its verdict, leaving her accused. A human rights violator cannot represent our country abroad, particularly at the UNHRC in Geneva. If Himalee truly values the country's image and holds a sense of moral obligation and patriotism, she should voluntarily return to Sri Lanka, even before the Ministry issues a recall.

0 5

Ruwan Jayawardene Monday, 19 August 2024 01:12 AM

Allowing a convicted human rights violator Himalee Arunatilaka to hold a diplomatic position is a serious breach of ethics by the Foreign Ministry and is completely unacceptable. This decision not only undermines the integrity of the Ministry but also damages Sri Lanka's reputation on the global stage.

1 0

Kadduvan Bandara Monday, 19 August 2024 06:23 AM

I believe this allegation 100% as TRUE. Oppression and Enforced Slavery is common practice within South elite

0 0

Kirthi Monday, 19 August 2024 08:13 AM

She should be doing time in a jail or pay up the fine. Disgusting behaviour and practice from Sri Lankan diplomats.

0 0

wickrama Wijayasiri Friday, 23 August 2024 02:06 AM

Who hired and paid the domestic? FM or the HC? In SL or in AUZ? SL HC is a place which is considered as a part of SL for most interpretations. AUZ rule does not apply to SL hence the HC too. This is not for the DM readers to adjudicate. Not a common sense issue. Let the professionals handle this. Are the AUZ HC employees in SL paid with SLR to meet SL labour standards?

0 0

wickrama Wijayasiri Friday, 23 August 2024 02:09 AM

To complicate the issue, the subject domestic has 'jumped ship' to claim asylum in AUZ!

0 1

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