Media Release: Federal Court finds former Sri Lankan Deputy High Commissioner owes her former domestic worker half a million dollars in unpaid wages

Background of case

When Ms Himalee Arunatilaka was appointed Sri Lankan Deputy High Commissioner in Australia in 2015, she brought our client, Ms Priyanka Danaratna, with her to live and work at her home in Canberra. Ms Arunatilaka took our client's passport away when she arrived in Australian. It was never returned.

Our client worked from 6am until late into the evening - cooking, cleaning and washing for Ms 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.  

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

Legal response

Ms 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 that Ms Arunatilaka had committed "significant breaches" of Australian employment law. Ms 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, Ms 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.

Clayton Utz Pro Bono Partner David Hillard, who led the team for Ms Danaratna, says:

We know that this is not an isolated case - it is the second Federal Court judgment in less than a year involving domestic workers at diplomatic residences in Canberra. 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. 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.