In a landmark ruling with wide-ranging implications for diplomatic immunity, an Australian federal court has ordered India’s former high commissioner to Canberra, Mr. Suri, to compensate Seema Shergill, a former domestic help, with A$136,000. Shergill, who arrived in Australia in April 2015, worked at the high commissioner’s residence for about a year. During her employment, she claimed her passport was confiscated, she worked seven days a week without leave, and was only allowed brief periods outside to care for Mr. Suri’s dog.
The judge, Justice Elizabeth Draper, found that Shergill’s employment conditions did not align with Australian law. Importantly, the court ruled that Mr. Suri was ineligible for foreign state immunity because Shergill did not work for the High Commission itself, and diplomatic immunity did not apply as hiring domestic help was not an official function of his position.
Shergill’s case highlighted a shift in policy, following the 2013 incident involving Indian diplomat Devyani Khobragade in the United States. Shergill refused to sign an undertaking to return to India after her contract ended, leading to her dismissal. Despite Indian sources contesting the ruling, the judgment raises concerns about potential claims by service staff in Indian missions abroad under local laws. This ruling challenges established norms and underscores the importance of clarifying employment practices within diplomatic households.
