A diplomat who “entrapped” a domestic worker in her Canberra home, forcing her to work 14 hours, seven days a week, for less than a dollar an hour, has been fined more than $100,000 in the federal court.
The fine is in addition to more than $500,000 in unpaid wages and interest she has already been ordered to restore, but has so far refused to pay.
Himalee Arunatilaka served as Sri Lanka’s deputy high commissioner to Australia between 2015 and 2018. She employed Sri Lankan mother of two Priyanka Danaratna as a domestic worker in her home in Deakin, amid Canberra’s diplomatic quarter.
Arunatilaka sponsored Danaratna’s entry into Australia, promising she would pay her in accordance with Australian wages and conditions.
But Danaratna told the federal court she was instead isolated and oppressed, working every day for three years, save for two days she spent in hospital after burning herself with oil in the kitchen.
With breaks, it was calculated Danaratna worked 14 hours on a “normal day”, but when the deputy high commissioner was entertaining, she would not finish until 1am. Danaratna had her passport taken from her, and was not allowed to leave the house, except when given permission to take short walks in the neighbourhood.
“She did not provide me with satisfactory clothing and food. I did not feel like I was being treated properly,” Danaratna told the court.
Her lawyers calculated she was paid less than 65 cents an hour for her thousands of hours’ work over three years.
In a judgment delivered Friday, Justice Elizabeth Raper said the diplomat’s offending was calculated and intentional.
“Ms Danaratna was deliberately isolated from the community and effectively entrapped within the household,” the judge found.
“Ms Danaratna was deprived of any semblance of work and life divide. Her conditions bore no resemblance to what one would expect under Australian law and were egregious and exploitative.”
Raper said Aruntalika abused her authority and power over Danaratna.
“The whole scheme of exploitation stemmed from a number of factors. First, Ms Danaratna was vulnerable and wholly reliant on Ms Arunatilaka. She was unable to read or speak English and had no connections in the community.
“Secondly, by being cloistered in Ms Arunatilaka’s household Ms Danaratna was invisible from and unable to participate in Australian society.
“Thirdly, Ms Arunatilaka engaged in practices that entrapped Ms Danaratna in the household.”
The judge cited the seizure of Danaratna’s passport, her being kept sequestered in the diplomat’s house and being refused access to all but the smallest sums of money, as consciously and acutely exploitative.
Arunatilaka has refused to engage with the court process in Australia. She did not file any evidence with the court or appear at any hearings.
Despite a judgment in August this year that she compensate Danaratna more than half a million dollars – $543,300.73 – in backpay and interest, she has not paid any of the money she owes.
Arunatilaka has not responded to repeated requests for comment from Guardian Australia.
Her diplomatic career has been unaffected. She is now serving as Sri Lanka’s permanent representative to the United Nations in Geneva, where she is also accredited to the International Labor Organisation.
The Sri Lankan government has also rejected the court’s judgments. In response to the court’s first judgment, it accused Danaratna of absconding, and said it was “satisfied that the said salary was paid to the domestic assistant by the employer as mutually agreed”.
But Justice Raper said Arunatilaka knowingly intentionally exploited her employee, signing documents committing to upholding Australian laws and to paying award wages.
Despite this, she then signed a work contract with Danaratna which breached those obligations, and then failed to uphold even that contract. The judge said the protections of Australia laws were designed to protect vulnerable workers from the “domestic servitude of the Victorian era”.
In fining Arunatilaka $117,028.80, Raper said the diplomat had “taken no steps to rectify the conduct”.
“She has not paid Ms Danaratna the amounts owing, has shown no remorse or contrition and has taken no steps to ensure that this does not happen again.”
And the judge said she was concerned a number of similar cases “involving indentured servitude within the households of diplomats” had come before the court.
“There is a particular need for penalties to be imposed which deter diplomat employers from exploiting foreign workers who they bring to Australia to work in their private, diplomatic residences … a strong, clear message needs to be sent to those involved in the diplomatic corps as to the consequences for engaging in like conduct and to deter contravening conduct of this kind.”
