Danaratna v Arunatilaka [2024] FCA 918

Federal Court of Australia

Danaratna v Arunatilaka [2024] FCA 918 File number(s): NSD 171 of 2022

Judgment of: RAPER J

Date of judgment: 15 August 2024

Catchwords: INDUSTRIAL LAW – alleged contraventions of ss 44, 45, 90(2), 323(1) and 536(1) of the Fair Work Act 2009 (Cth) – where applicant alleges several clauses of the Miscellaneous Award 2010 have been contravened – where applicant worked as a domestic worker for the respondent – where applicant worked excessive hours seven days per week, was not given meal breaks and leave and was not paid her entitlements in accordance with the Act and the Award – application allowed PUBLIC INTERNATIONAL LAW – foreign state immunity – where respondent was the Deputy High Commissioner of the Sri Lankan High Commission in Australia – diplomatic immunity – whether the employment of the applicant constituted an act performed in the exercise of functions as a member of the mission pursuant to art 39(2) of the Vienna Convention on Diplomatic Relations 1961

Legislation: Diplomatic Privileges and Immunities Act 1967 (Cth) s 7 Fair Work Act 2009 (Cth) ss 14, 14(1)(f), 44, 45, 47, 48, 49, 90, 90(2), 323, 323(1), 323(2), 536, 536(1), 545(1), 562 Foreign States Immunities Act 1985 (Cth) Federal Court Rules 2011 (Cth) r 30.21(1)(b)(i) Vienna Convention on Diplomatic Relations. Opened for signature 18 April 1961. 500 UNTS 95 (entered into force 24 April 1964) art 39(2)

Cases cited: Automatic Fire Sprinklers Pty Ltd v Watson (1946) 72 CLR 435 Collier v Sunday Referee Publishing Co [1940] 2 KB 647 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; 275 CLR 165 Reyes v Al-Malki [2017] UKSC 61; [2019] AC 735 Shergill v Singh [2023] FCA 1346; 326 IR 428 Neil I, Chin D, Parkin C, The Modern Contract of Employment (3rd ed, Thomson Reuters, 2023)