The Federal Court of Australia has ordered Himalee Arunatilaka, the former Deputy High Commissioner of Sri Lanka to Australia, to pay an additional $117,000 in penalties for exploiting a domestic worker, Priyanka Danaratna. This follows a previous judgment in August where Arunatilaka was ordered to pay over $543,000 in unpaid wages, interest, and penalties to Danaratna, who worked under exploitative conditions for almost three years.
Danaratna, who moved to Australia from Sri Lanka in 2015 to work as a domestic servant for Arunatilaka, was subjected to harsh and abusive working conditions. She worked seven days a week, from 6:00 a.m. to 10:00 p.m., and sometimes as late as 1:00 a.m. when Arunatilaka hosted events. Over the course of three years, Danaratna received only $11,212.70 for her labor, equating to less than 90 cents per day. Her tasks included cooking, cleaning, and laundry, and she was restricted in her movements, allowed only short walks under supervision.
The court found the working arrangement to be a “slavery-type contract,” which violated Australian employment laws, including those relating to minimum wage, work hours, and entitlements. At the time, the minimum wage for a 38-hour workweek was $656.90.
In addition to the earlier orders for $374,000 in unpaid wages and $169,000 in interest, the court imposed a further penalty of $117,000 to deter similar conduct and to address Arunatilaka’s lack of participation in the legal process. Despite multiple court rulings, Arunatilaka has yet to pay any of the owed amounts. The court also criticized her for failing to engage with the legal proceedings, as she did not file a defense, make submissions, or attend hearings.
Danaratna, who could not read or speak English, was deprived of her passport upon arrival and was kept under strict control for the duration of her employment. She eventually managed to escape while out on one of her rare walks, with the help of the Salvation Army, who took her to a safe house in Sydney.
Following her departure from Australia, Arunatilaka now serves as Sri Lanka’s Permanent Representative to the United Nations Office in Geneva. Despite the significant court judgments against her, she has failed to comply with the orders, leading to further penalties and legal consequences.
This case highlights the ongoing issue of the exploitation of domestic workers, particularly those employed by diplomats, and the need for greater enforcement of labor rights and accountability in such cases. It raises questions about the lack of oversight and protections for workers in diplomatic households and the potential for abuse under the guise of diplomatic immunity.
