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

• Says worker absconded after full term with diplomat  
• The court ordered Ms. Arunatilaka to pay $543,000 in unpaid wages and interest to the domestic worker, Priyanka Danaratna, and highlighted potential breaches of employment laws
• Justice Raper criticized the Australian Home Affairs Department for not identifying the issues during the visa process

By Darshana Sanjeewa Balasuriya   

The Ministry of Foreign Affairs in Sri Lanka said 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, Australian media reported that an Australian Federal Court judge criticized the Home Affairs Department for not adequately scrutinizing 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 $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 $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 criticized 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.