A domestic staffer of a Sri Lanka diplomat who was awarded payments with interest by an Australian court has rejected a media statement made by the island’s Foreign Ministry, her lawyer said.
Priyanka Danaratna, the domestic staffer, was owed back wages and interest, court had ruled. The statement said the allowance approved by the Ministry as the salary of the employee has been paid to her as mutually agreed.
“Ms Danaratna rejects the statement in the Media Release that the Ministry is satisfied that a “mutually agreed” salary was paid to her by the former Deputy High Commissioner,” David Hillard, her lawyer said in a statement.
“She has no idea how the Ministry could reach such a position.”
“If the Sri Lankan Government has any evidence to support its Media Release, it should provide that now. Otherwise the Media Release should be corrected immediately.”
The full statement is reproduced below.
Statement on behalf of Ms Horathal Pedi Gedara Priyanka Danaratna
On 15 August 2024, the Federal Court of Australia ordered that Ms Himalee Arunatilaka, the former Deputy High Commissioner of Sri Lanka to Australia, pay Ms Danaratna $374,000 in unpaid wages, plus a further $169,000 in interest, for work performed in at the former Deputy High Commissioner’s residence in Canberra. The Court found that Ms Arunatilaka required her employee to work 7 days a week, at least 16 hours per day, and only provided two days off in three years.
On 17 August 2024, the Sri Lankan Ministry of Foreign Affairs issued a Media Release about the Court judgment.
It is very important to note that the Media Release did not deny at all that the former Deputy High Commissioner took Ms Danaratna’s passport away from her, made Ms Danaratna sign a contract in English which she could not read and which was not translated or explained, required Ms Danaratna to work at least 16 hours per day, 7 days a week for 3 years, did not allow Ms Danaratna to leave the former Deputy High Commissioner’s house without permission, and did not pay any money into an Australian bank account which Ms Danaratna could access.
Ms Danaratna rejects the statement in the Media Release that the Ministry is satisfied that a “mutually agreed” salary was paid to her by the former Deputy High Commissioner. She has no idea how the Ministry could reach such a position.
The evidence before the Australian Court, including the contract prepared and executed by Ms Arunatilaka on 12 August 2015, showed that Ms Arunatilaka would pay Ms Danaratna AU$620 per month.
Leaving aside that this contract did not comply with minimum employment requirements under Australian law, it is very clear that Ms Arunatilaka did not pay the $620 monthly salary under the contract.
Her Honour Justice Raper found on the evidence that Ms Arunatilaka paid Ms Danaratna a total of only $11,212 in wages in three years. That is only half of the contracted salary amount.
The former Deputy High Commissioner (and now Sri Lanka’s Ambassador and Permanent Representative to the United Nations in Geneva) did not provide any evidence to the Australian Court to show that she had paid her worker what was in the contract or what was required under Australian law.
If the Sri Lankan Government has any evidence to support its Media Release, it should provide that now.
Otherwise, the Media Release should be corrected immediately.
31 August 2024
David Hillard
Lawyer for Ms Danaratna
Clayton Utz
Sydney Australia
Source: Economynext
