Media Release: No diplomatic immunity as Federal Court fines former Indian High Commissioner a further $97,200 over domestic worker wage theft

When Navdeep Suri Singh was appointed Indian High Commissioner in Australia in 2015, he brought our client, Ms Shergill, to live and work at his official residence in Canberra. Mr Suri took her passport away, and Ms Shergill was forced to work 17.5 hour days - cooking, cleaning, washing and gardening - seven days a week, for over a year, without a single day off. 

Ms Shergill was paid less than $10 a day, sent directly to an Indian bank account set up by the High Commissioner. Mr Suri forbade Ms Shergill from leaving his residence. She was frightened, knew no-one in Canberra, spoke and read no English, and without her passport had no way of leaving or returning home.

Ms Shergill was referred to the Clayton Utz pro bono team by the Trafficking and Slavery Safe House Program at the Salvation Army. The firm commenced an unpaid wages claim under the Fair Work Act, and instructed Prue Bindon of Key Chambers as our pro bono counsel.

In November 2023, Justice Raper of the Federal Court of Australia found in Shergill v Singh [2023] FCA 1346 that Mr Navdeep Suri Singh had committed "significant breaches" of Australian employment law. Mr Suri was ordered to pay $136,276.62 in unpaid wages, plus a further $53,427.09 owing in interest on that amount since 2016.

Clayton Utz Pro Bono Partner  David Hillard, who led the team for Ms Shergill, said the case is internationally significant. "This case establishes that after an official has left their diplomatic post, there is no diplomatic immunity available to protect a former diplomat against Australian employment law claims by their domestic workers".

Today, her Honour ordered that Mr Suri must pay a further $97,200 in civil penalties to Ms Shergill, to deter him and other diplomats working in Australia from ignoring Australian employment law. Her Honor described Ms Shergill's situation as "slave-like working conditions". Mr Suri had created "a documentary artifice" to try to "avoid his obligations as an employer under Australian law". The maximum penalty figure was awarded as a general deterrence to other diplomats who might consider a similar arrangement.   

Mr Hillard said that domestic workers in foreign diplomatic residences are perhaps the most vulnerable and least visible workers in Australia.

"Although it is hard to conceive of someone literally being trapped in a 120 hour a week job earning less than 60 cents an hour, we know that the former Indian High Commissioner was not a unique employer. Today's penalties decision by Justice Raper puts all Ambassadors and High Commissioners on clear notice - you can no longer hide behind diplomatic immunity to keep someone locked up in forced labour as your servant".

"Cook your own meals and wash your own clothes, or pay someone properly to do so".