ESG Enforcement Tracker

Key facts:

In August 2024, Sri Lanka’s Ambassador to the UN, Himalee Subashini Arunatilaka, was ordered to pay AU$374,151.90 in unpaid wages to a former domestic worker. Ms Horathal Pedi Gedara Priyanka Danaratna was employed by Ms Arunatilaka as a domestic worker at her home in Canberra from March 2016 to August 2018, while the latter was deputy high commissioner in Australia.

Ms Danaratna had never previously left Sri Lanka, before receiving Ms Arunatilaka’s assistance in obtaining a passport and being granted a subclass 403 domestic worker visa to perform work as Ms Arunatilaka’s private domestic employee. Ms Danaratna was unable to speak or read in English. On arrival in Australia, Ms Danaratna’s passport was taken from her under promise that it would be returned before she left Australia.

In evidence to the court, Ms Danaratna described her standard working hours as 6am to 10pm seven days a week. The evidence revealed that despite what was agreed, Ms Danaratna did not receive her contractual pay, worked seven days a week, and also did not receive any other rights to which she was entitled under the Fair Work Act 2009 (the Act).

The Federal Court of Australia found that Ms Arunatilaka had underpaid Ms Danaratna over three years, effectively paying her only 65 cents per hour.

It also expressed concerns that it should have been clear to the Department of Immigration and Border Protection (as it then was), by reason of the materials provided to it in support of the Subclass 403 domestic worker visa supplication, that Ms Danaratna was not going to be adequately paid nor enjoy the protections afforded under the Act.

The court felt that if the Department had properly scrutinised the visa application, then Ms Danaratna’s employment may have been very different.