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A Sri Lankan diplomat has been ordered by a courtroom to pay greater than half one million Australian {dollars} to her former housekeeper in again wages throughout her keep in Canberra allegedly beneath circumstances much like trendy slavery.
Himalee Arunatilaka, who served as the previous deputy excessive commissioner of Sri Lanka between 2015 and 2018, paid Priyanka Danaratna simply three per cent of the minimal wage in Australia, based on the Federal Court docket.
Ms Arunatilaka paid Ms Danaratna £5,805 (AUD$11,212) throughout her three years of labor, David Hillard, the home employee’s lawyer mentioned. The nationwide minimal wage for a 38-hour week is £340.12 (AUD $656.90).
“She labored seven days every week for 3 years, and he or she had two days off in that total time – and he or she did that as a result of she burned her hand whereas getting ready some meals,” Mr Hillard, a professional bono accomplice on the legislation agency Clayton Utz, mentioned.
Ms Danaratna filed a civil case in opposition to her employer beneath the Truthful Work Act after she fled Ms Arunatilaka’s residence.
The Federal Court docket on Thursday discovered that Ms Arunatilaka breached the Truthful Work Act and was ordered to pay £193,642 (AUD$374,000) in unpaid wages and an extra £87,501.44 (AUD$169,000) in curiosity, bringing the whole quantity owed to greater than £281,143 (AUD$543,000).
The courtroom said that Ms Danaratna “was required to work strange hours in extra of a mean of 38 per week, in extra of 10 hours per day, for greater than 5 hours with out an unpaid break of at the very least half-hour for a meal every single day, and in extra of a mean of 38 hours per week with out being paid extra time.”
It additionally famous that she was “required to carry out work on public holidays with out being paid penalty charges and never paid a 17.5 per cent annual go away loading”.
“Ms Arunatilaka has by no means engaged with this continuing: she has not filed a discover of tackle for service, a defence or any proof or submissions opposing Ms Danaratna’s declare. She didn’t attend the listening to. Ms Danaratna has served on Ms Arunatilaka all the fabric relied upon in assist of her declare particularly, the initiating processes, pleadings, proof and submissions,” the courtroom famous.
“At listening to I made this order on the premise that I used to be happy that Ms Arunatilaka had been notified on quite a few events of the declare in opposition to her and of the listening to and it appeared that she didn’t intend, by her personal election, to take any half within the proceedings.”
The Sri Lankan overseas ministry got here to Ms Arunatilaka’s defence and mentioned she had adopted government-approved charges in paying the wages. “The allowance authorised by the ministry because the wage of the worker has been paid to her,” a ministry assertion mentioned.
“The ministry is happy that the mentioned wage was paid to the home assistant by the employer as mutually agreed.”
Ms Arunatilaka now works because the Everlasting Consultant of Sri Lanka to the United Nations Workplace at Geneva.
Mr Hillard alleged that his consumer was not allowed breaks or holidays throughout her employment.
“It’s an instance of how trendy slavery works,” he mentioned. “Weak staff discover themselves trapped in a state of affairs the place their lives are nothing however work, in a job they can’t escape.”
He mentioned that the worker’s passport was taken by the diplomat and Ms Danaratna was not allowed to go away the home with out her or her husband’s permission.
“She informed me that she would give me the passport again earlier than I left Australia. Ms Arunatilaka didn’t clarify why she wished my passport. I gave my passport to her. I by no means noticed that passport once more,” Ms Danaratna mentioned in an courtroom affidavit quoted by ABC.
Ms Danaratna alleges was solely allowed to go on quick walks across the neighbourhood which allowed her to contact the Salvation Military, an evangelical Protestant Christian church that engages in charity work.
“On 14 August 2018, I informed Ms Arunatilaka and her husband that I used to be going for a stroll. I left Ms Arunatilaka’s residence, and the 2 individuals from the Salvation Military had been ready for me close by in a automobile,” she mentioned, including that she stayed in a protected home there.
Mr Hillard mentioned the envoy doesn’t have diplomatic immunity safety as she is now not a diplomat within the nation.
Journalist and political analyst Ranga Jayasuriya wrote that “Sri Lanka ought to count on penalties, not simply reputational harm”.
In his editorial in Every day Mirror, he requested what’s worse – “the Sri Lankan diplomat ordered to pay half one million Australian {dollars} or the overseas ministry defending the diplomat in what could be worldwide embarrassment”.
The Unbiased has reached out to Ms Arunatilaka for remark.
