Justice Elizabeth Raper found, in Danaratna v Arunatilaka [2024], that Arunatilaka had committed “significant breaches” of Australian employment law.

The pro bono team at BigLaw firm Clayton Utz represented Danaratna, who was brought out to Australia to live and work at the Canberra home of Arunatilaka, who was appointed Sri Lankan deputy high commissioner in Australia in 2015.

Her passport was taken away upon her arrival in Australia, and never returned, the firm detailed.

“Our client worked from 6am until late into the evening – cooking, cleaning and washing for Ms Arunatilaka and her husband – seven days a week, for three years. She had only two days off in all that time, after she had burned her hand cooking,” the firm said.

She was paid only $11,212 in total, or less than 65¢ an hour, sent directly to bank accounts in Sri Lanka.

Arunatilaka further forbade her from leaving the residence alone without permission, “and then only for short walks”, Clayton Utz continued, adding that Danaratna knew no one in Canberra, spoke and read no English, and without her passport, had no way of leaving her work or returning home.

Speaking about the proceedings, Clayton Utz pro bono partner David Hillard said that “we know” this matter is not an isolated case.

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

“It is hard to conceive of someone in 21st century Australia literally being trapped in a job for three years and earning 65¢ an hour.”

“This decision by Justice Raper, along with the upcoming penalties hearing against Himalee Arunatilaka, spells out 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.”

Clayton Utz noted that “rather than challenge the decision or defend her actions, Ms Arunatilaka has chosen to ignore the court”.

A further hearing is to be held, the firm added, to determine the additional penalties that Arunatilaka must pay for her multiple breaches of the Fair Work Act.

Arunatilaka currently serves as the ambassador and permanent representative of Sri Lanka to the United Nations in Geneva.

The decision follows the case of Shergill v Singh [2023], which found that after an official has left their diplomatic post, there is no diplomatic immunity available to protect that diplomat against Australian employment law claims by their domestic workers.