Diplomat accused of modern slavery in Australia paid housekeeper 3% of minimum wage

Former housekeeper worked ‘seven days a week for three years, and she had two days off in that entire time’, her lawyer says

A Sri Lankan diplomat has been ordered by a court to pay more than half a million Australian dollars to her former housekeeper in back wages during her stay in Canberra allegedly under conditions similar to modern slavery.

Himalee Arunatilaka, who served as the former deputy high commissioner of Sri Lanka between 2015 and 2018, paid Priyanka Danaratna just three per cent of the minimum wage in Australia, according to the Federal Court.

Ms Arunatilaka paid Ms Danaratna £5,805 (AUD$11,212) during her three years of work, David Hillard, the domestic worker’s lawyer said. The national minimum wage for a 38-hour week is £340.12 (AUD $656.90).

“She worked seven days a week for three years, and she had two days off in that entire time – and she did that because she burned her hand while preparing some food,” Mr Hillard, a pro bono partner at the law firm Clayton Utz, said.

Ms Danaratna filed a civil case against her employer under the Fair Work Act after she fled Ms Arunatilaka’s residence.

The Federal Court on Thursday found that Ms Arunatilaka breached the Fair Work Act and was ordered to pay £193,642 (AUD$374,000) in unpaid wages and a further £87,501.44 (AUD$169,000) in interest, bringing the total amount owed to more than £281,143 (AUD$543,000).

The court stated that Ms Danaratna “was required to work ordinary hours in excess of an average of 38 per week, in excess of 10 hours per day, for more than five hours without an unpaid break of at least 30 minutes for a meal every day, and in excess of an average of 38 hours per week without being paid overtime.”

It also noted that she was “required to perform work on public holidays without being paid penalty rates and not paid a 17.5 per cent annual leave loading”.

“Ms Arunatilaka has never engaged with this proceeding: she has not filed a notice of address for service, a defence or any evidence or submissions opposing Ms Danaratna’s claim. She did not attend the hearing. Ms Danaratna has served on Ms Arunatilaka all the material relied upon in support of her claim namely, the initiating processes, pleadings, evidence and submissions,” the court noted.

“At hearing I made this order on the basis that I was satisfied that Ms Arunatilaka had been notified on numerous occasions of the claim against her and of the hearing and it appeared that she did not intend, by her own election, to take any part in the proceedings.”

The Sri Lankan foreign ministry came to Ms Arunatilaka’s defence and said she had followed government-approved rates in paying the wages. “The allowance approved by the ministry as the salary of the employee has been paid to her,” a ministry statement said.

“The ministry is satisfied that the said salary was paid to the domestic assistant by the employer as mutually agreed.”

Ms Arunatilaka now works as the Permanent Representative of Sri Lanka to the United Nations Office at Geneva.

Mr Hillard alleged that his client was not allowed breaks or holidays during her employment.

"It’s an example of how modern slavery works," he said. "Vulnerable employees find themselves trapped in a situation where their lives are nothing but work, in a job they cannot escape."

He said that the employee’s passport was taken by the diplomat and Ms Danaratna was not allowed to leave the house without her or her husband’s permission.

“She told me that she would give me the passport back before I left Australia. Ms Arunatilaka did not explain why she wanted my passport. I gave my passport to her. I never saw that passport again,” Ms Danaratna said in an court affidavit quoted by ABC.

Ms Danaratna alleges was only allowed to go on short walks around the neighbourhood which allowed her to contact the Salvation Army, an evangelical Protestant Christian church that engages in charity work.

“On 14 August 2018, I told Ms Arunatilaka and her husband that I was going for a walk. I left Ms Arunatilaka’s residence, and the two people from the Salvation Army were waiting for me nearby in a car,” she said, adding that she stayed in a safe house there.

Mr Hillard said the envoy does not have diplomatic immunity protection as she is no longer a diplomat in the country.

Journalist and political analyst Ranga Jayasuriya wrote that “Sri Lanka should expect consequences, not just reputational damage”.

In his editorial in Daily Mirror, he asked what is worse – “the Sri Lankan diplomat ordered to pay half a million Australian dollars or the foreign ministry defending the diplomat in what would be international embarrassment”.

The Independent has reached out to Ms Arunatilaka for comment.