Key Points
- An Australian court ordered former Indian High Commissioner Navdeep Suri Singh to pay significant compensation to a former employee regarding working conditions.
- On Thursday, the Indian government rejected the jurisdiction of the court in the matter.
- Modern slavery a reality in both developed and developing countries, an expert says.
On 3 November, Justice Elizabeth Raper of the Federal Court ruled that Mr Suri must pay his former employee, Seema Sherghill, more than $136,000 plus interest in compensation within 60 days.
This court's verdict came after Ms Sherghill claimed she was compelled to work in unjust conditions.
The background of the case
The court noted that Mr Suri was appointed Indian High Commissioner in Australia in 2015 and he brought India-born Ms Sherghill with him to live and work at his official residence in Canberra.
In late 2013, Ms Shergill accepted a job as a domestic worker for Mr Suri, who was posted in Egypt. She travelled to Cairo with him in 2014.
In February 2015, when Mr Suri was appointed as the Indian High Commissioner to Australia, he asked Ms Shergill to accompany him and his wife to work as a domestic worker, a proposition she accepted.
In late 2013, Ms Seema Shergill accepted a job as a domestic worker for Mr Navdeep Suri, the Indian diplomat posted in Egypt. (Representative image of a domestic helper) Source: Moment RF / Amir Mukhtar/Getty Images
Ms Shergill was paid less than $10 a day, sent directly to an Indian bank account set up by the High Commissioner.Clayton Utz, the law firm representing Ms Shergill, claimed
"She was frightened, knew no-one in Canberra, spoke and read no English, and without her passport had no way of leaving or returning home. "
"Eventually, Ms S (Ms Shergill) summoned the courage to run away, and after sleeping rough found assistance from the Fair Work Ombudsman and the Salvation Army," it said.
Court's verdict
Justice Raper of the Federal Court of Australia found in that the employment conditions of Ms Shergill "bore no resemblance to what one would expect under Australian law", and that Mr Suri had committed "significant breaches" of employment law.
Credit: Caia Image/Getty Images
Judge Raper also acknowledged that once Mr Suri left Australia, his diplomatic immunity ended, except for actions directly related to his role as the commissioner.
The case will be further heard for "timetabling of the penalty hearing" on 24 November 2023, the judge said.
India's reaction
On 9 November, Arindam Bagchi, the spokesperson for India's Ministry of External Affairs, called the allegations against Mr Suri "false".
India's Ministry of External Affairs spokesperson Arindam Bagchi. Credit: Hindustan Times via Getty Images
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"She was holding an Official Passport and Australian Diplomatic Visa. Since then, we have repeatedly requested Australian authorities to locate and repatriate her to India.
"We have learnt that she has made allegations against the then High Commissioner, and an ex-parte judgement has now been issued by an Australian court.
"Let me reiterate that we reject any locus standi of Australian authorities to adjudicate on matters concerning such India-based service staff of the High Commission. Any grievance that she may have has to be suitably redressed only in India," Mr Bagchi said.
Her conduct and false representations give rise to suspicions that all this has been motivated by her desire to permanently stay in Australia, and in which she seems to have succeeded.Arindam Bagchi
"We are also concerned by the ex-parte court judgement. We are taking up the matter with Australian authorities. We would urge Australia to uphold its obligations under the Vienna Convention on Diplomatic Relations, particularly in relation to diplomatic immunities and privileges," he pointed out.
Expert's viewpoint
Justine Nolan, the Director of the Australian Human Rights Institute and a Professor in the Faculty of Law and Justice at UNSW Sydney, said there are more than 25 million people around the world working in forced labour.
Justine Nolan Credit: Justine Nolan
"In this case, the victim was fortunate to be able to be connected to pro bono legal services who could assist her in pursing a claim for compensation but there are many more victims that are unable to seek justice."
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She further noted that modern slavery is a reality in both developed and developing countries and for the majority of victims remedy is not available.
Ms Nolan suggested that in situations like this, where victims find it challenging to prove their case, one solution could be to contemplate a policy revision.
"In instances where modern slavery is alleged, shifting the burden of proof to the employer could be considered. This means the onus would be on the employer to demonstrate that it did not occur, thereby reducing the evidentiary burden for the plaintiff," Ms Nolan said.
