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Ex-SL diplomat ordered to pay $543,000 to domestic worker $500,000 after failing to pay wages

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Federal Court judge has slammed the Home Affairs Department for failing to properly scrutinise a former diplomat who confiscated a staffer’s passport and gave her just two days leave in three years.

Sri Lanka’s former deputy high commissioner to Australia has been ordered to pay $543,000 in unpaid wages and interest to a domestic worker and now faces a large fine for breaches of employment laws.

Himalee Arunatilaka, who served in Canberra from 2015 to 2018, denied her employee, Priyanka Danaratna, minimum pay and conditions during time in Australia, the court found.

Justice Elizabeth Raper found Ms Danaratna worked from 6am to 10pm, seven days a week and was only allowed two days off in that time after she burnt her hand with cooking oil.

Over the period, she was paid just $11,200 – around 75¢ an hour – which was sent to Sri Lanka. Ms Danaratna also was denied permission to leave the Canberra residence alone, and had her passport confiscated.

In addition to handing down a damning judgment for Ms Arunatilaka, Justice Raper suggested that if the Home Affairs Department had taken a closer look, “Ms Danaratna’s employment may have been very different”.

“It is not without concern that it would have been clear to [Home Affairs], by reason of the materials provided … that Ms Danaratna was not going to [be] paid nor enjoy the protections under the Award or the FW Act,” she wrote.

“There was no apparent attempt to conceal the arrangement by Ms Arunatilaka. It is perplexing that the department, in the circumstances, did nothing and granted the visa in the circumstances.”

The case is one of several recent examples where diplomats from countries with poor employment practices have been caught failing to comply with employment laws and have been hit with big penalties.

The Federal Court last year ordered India’s high commissioner between 2015 and 2016 Navdeep Suri Singh to pay $189,000 in unpaid wages and interest to Seema Shergill, who was found to be working in “slave-like” conditions in the chief diplomat’s residence.

Justice Raper also ordered Mr Suri to pay a $97,200 fine for wage theft, the maximum amount allowed.

Mr Suri brought Seema Shergill to Australia when he started in 2015. When they arrived in Australia, he confiscated Ms Shergill’s passport and confined her to the family’s Canberra residence.

Neither Ms Arunatilaka nor Mr Suri defended the legal actions against them, and it is not clear whether the claimants in either case will ever see a cent of the amounts awarded.

The cases were only possible because the Federal Court recognised that the residual immunity granted former diplomats does not extend to employees in their direct employment, who are covered by Australian fair work laws.

Clayton Utz pro bono Partner David Hillard, who led both matters along with Canberra barrister Prue Bindon, said these were not isolated cases.

“It is the second Federal Court matter in less than a year involving domestic workers at diplomatic residences in Canberra,” Mr Hillard said. “Domestic workers in foreign diplomatic residences are among the most vulnerable and isolated workers in Australia.

“It is hard to conceive of someone in 21st century Australia literally being trapped in a job for three years and earning 75 cents an hour.

“This decision … confirms clearly that these workers have rights in Australia, and that senior diplomats cannot hide behind diplomatic immunity when it comes to keeping their servants under slave-like arrangements.”

Ms Arunatilaka was in 2023 appointed Sri Lanka’s ambassador and permanent representative to the United Nations in Geneva.

(afr.com)

(Except for the headline, this story, originally published by afr.com has not been edited by SLM staff)

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Cabinet approval for online traffic fine payment system – Bimal

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Minister of Transport and Highways Bimal Rathnayake has said that Cabinet approval has been granted to implement an islandwide online traffic fine payment system.

He made this statement during a media briefing near the Kottawa Expressway entrance, following a public awareness programme on mandatory seat belt use for vehicles travelling on expressways.

“The Cabinet approved the proposal today. At present, the online fine payment system is available only between Kurunegala and Anuradhapura. Now, we’re providing all police units with mobile devices, so that from this year, traffic fines can be paid from anywhere via mobile phones… Rather than paying fines, we urge everyone to drive carefully, wear seat belts, and avoid violations. Our core message is simple, travel safely,” the minister has said.

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Indian entrepreneur delegation meets President AKD (Pics)

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Indian entrepreneurs state that they are currently directing their attention towards new investment prospects in Sri Lanka, particularly in sectors like energy, infrastructure, the digital economy, tourism and agriculture, as well as on enhancing entrepreneurial capacity.  

A delegation of around 20 Indian entrepreneurs, comprising heads of several prominent Indian companies, is currently engaged in an active programme in Sri Lanka, coordinated by the Confederation of Indian Industry (CII), with the aim of further developing existing investment opportunities and exploring new prospects. These comments were expressed during the delegation’s meeting with President Anura Kumara Disanayake this afternoon (01) at the Presidential Secretariat.

The delegation is visiting Sri Lanka following an invitation extended by President Anura Kumara Disanayake during his recent official visit to India. The Indian delegation held discussions with several Sri Lankan Ministers and with officials from key government institutions, including the Board of Investment of Sri Lanka.

President Disanayake emphasized that the country has now established a more favourable environment for investors, owing to the current economic stability.

The President briefed the Indian business representatives on the constructive measures implemented by the government to create a supportive economic climate and conditions conducive to investment. He further noted that the government has strengthened the legal framework and institutional system necessary to attract and sustain large-scale investments. He assured that under the present administration efforts have been made to eliminate the losses and corruption previously associated with investments. 

The President also emphasised that special attention has been given to attracting regional investors and providing them with the necessary facilities. He pointed out that numerous new business opportunities have opened up between India and Sri Lanka across various sectors.

The Indian entrepreneurs stated that Sri Lanka’s strategic location is of great appeal to investors. They appreciated the President’s explanation regarding the current situation of the country, noting that it had inspired confidence and renewed hope in them.

Minister of Labour and Deputy Minister of Economic Development Professor Anil Jayantha Fernando, Senior Additional Secretary to the President, Roshan Gamage, and Indian High Commissioner to Sri Lanka Santosh Jha, along with officials from the Indian High Commission, were present at the occasion. Also in attendance were former Chairman of CII and Chairman and Managing Director of ITC Limited, Sanjiv Puri, and heads of several other major Indian companies.

(President’s Media Division)

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NTC approves 0.55% bus fare reduction

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The National Transport Commission (NTC) has announced that the annual bus fare revision will come into effect from July 04.

According to the Commission, bus fares will be reduced by 0.55 percent this year.

The revision was made in line with the annual fare adjustment mechanism, which takes into account fuel prices, operational costs, and other economic factors.

However, the minimum fare will remain unchanged.

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