A diplomat who \u201centrapped\u201d 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 Australian federal court.<\/p>\n
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.<\/p>\n
Himalee Arunatilaka served as Sri Lanka\u2019s 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\u2019s diplomatic quarter.<\/p>\n
Arunatilaka sponsored Danaratna\u2019s entry into Australia, promising she would pay her in accordance with Australian wages and conditions.<\/p>\n
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.<\/p>\n
With breaks, it was calculated Danaratna worked 14 hours on a \u201cnormal day\u201d, 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.<\/p>\n
\u201cShe did not provide me with satisfactory clothing and food. I did not feel like I was being treated properly,\u201d Danaratna told the court.<\/p>\n
Her lawyers calculated she was paid less than 65 cents an hour for her thousands of hours\u2019 work over three years.<\/p>\n
In a judgment delivered Friday, Justice Elizabeth Raper said the diplomat\u2019s offending was calculated and intentional.<\/p>\n
\u201cMs Danaratna was deliberately isolated from the community and effectively entrapped within the household,\u201d the judge found.<\/p>\n
\u201cMs 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.\u201d<\/p>\n
Raper said Aruntalika abused her authority and power over Danaratna.<\/p>\n
\u201cThe 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.<\/p>\n
\u201cSecondly, by being cloistered in Ms Arunatilaka\u2019s household Ms Danaratna was invisible from and unable to participate in Australian society.<\/p>\n
\u201cThirdly, Ms Arunatilaka engaged in practices that entrapped Ms Danaratna in the household.\u201d<\/p>\n
The judge cited the seizure of Danaratna\u2019s passport, her being kept sequestered in the diplomat\u2019s house and being refused access to all but the smallest sums of money, as consciously and acutely exploitative.<\/p>\n
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.<\/p>\n
Despite a judgment in August this year that she compensate Danaratna more than half a million dollars \u2013 $543,300.73 \u2013 in backpay and interest, she has not paid any of the money she owes.<\/p>\n
Arunatilaka has not responded to repeated requests for comment from Guardian Australia.<\/p>\n
Her diplomatic career has been unaffected. She is now serving as Sri Lanka\u2019s permanent representative to the United Nations in Geneva, where she is also accredited to the International Labor Organisation.<\/p>\n
The Sri Lankan government has also rejected the court\u2019s judgments. In response to the court\u2019s first judgment, it accused Danaratna of absconding, and said it was \u201csatisfied that the said salary was paid to the domestic assistant by the employer as mutually agreed\u201d.<\/p>\n
But Justice Raper said Arunatilaka knowingly intentionally exploited her employee, signing documents committing to upholding Australian laws and to paying award wages.<\/p>\n
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 \u201cdomestic servitude of the Victorian era\u201d.<\/p>\n
In fining Arunatilaka $117,028.80, Raper said the diplomat had \u201ctaken no steps to rectify the conduct\u201d.<\/p>\n
\u201cShe 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.\u201d<\/p>\n
And the judge said she was concerned a number of similar cases \u201cinvolving indentured servitude within the households of diplomats\u201d had come before the court.<\/p>\n
\u201cThere 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 \u2026 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.\u201d<\/p>\n
<\/p>\n
Source: The Guardian<\/p>\n
–Agencies<\/p>\n","protected":false},"excerpt":{"rendered":"
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