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The Canberra Times
The Canberra Times
Hannah Neale

Ambassador paid 'scared' worker $9 for 17-hour days, court finds

Navdeep Suri Singh, who was ordered to pay more than $136,000. Picture Twitter

A domestic worker employed by an ambassador was required to work in illegal conditions, paid only $9 per day, and was confined to the house except to walk a dog.

On Friday, a court found Navdeep Suri Singh, who was the Indian High Commissioner to Australia at the time, hired a woman who undertook 17.5-hour days, seven days a week, with no leave.

In the Federal Court, Justice Elizabeth Raper ordered Mr Suri pay more than $136,000 to his former employee, Seema Shergill.

Importantly, the judge found foreign state immunity did not apply to Mr Suri as the woman was never employed by nor performed work for the High Commission of India.

Ms Shergill, who was an Indian national at the time, came to Canberra in 2015 to work for Mr Suri and his wife at their Red Hill home.

The home was described as being two storeys with about eight bedrooms, five bathrooms, and "an enormous sitting room".

"Her employment conditions bore no resemblance to what one would expect under Australian law. Her passport was taken from her, she worked seven days a week, was never permitted to take leave and was only allowed outside the house for brief periods a day when looking after Mr Suri's dog," Justice Raper said in a published judgement.

Ms Shergill brought legal action against her former employer and the case went to a Federal Court hearing in September.

Mr Suri, who left Australia in 2016, did not engage in legal proceedings and did not file a defence.

Ms Shergill arrived in Canberra in April 2015 and worked and lived at Mr Suri's home until May 2016, when she fled.

She was paid less than $2500 for a year's work, performing domestic duties such as cooking, cleaning, gardening and laundry.

During the hearing in September, Ms Shergill gave evidence she felt she could not escape her situation and was only being paid $9 per day.

"Ms Shergill was frightened of the consequences that she and her family in India would face if Ms Shergill left Mr Suri's employment, and Ms Shergill did not have access to her passport," Justice Raper said.

In May 2016, she ran away after her employers tried to get her to sign a document which did not record her actual salary.

"I did not take any belongings with me, and I left behind all of my clothes," Ms Shergill told the court in September.

"I slept on the streets. I was too scared to go back to the residence. I was sure that Mr Suri would punish me for leaving."

Ms Shergill contacted the Fair Work Ombudsman office and was then put in touch with the Salvation Army.

She is now an Australian citizen.

The case is next scheduled to go to a penalty hearing in November.

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