Shergill v Singh
Citation: [2023] FCA 1346
At a glance
- Employees affected
- 1
What happened
Seema Shergill, an Indian national, was employed as a domestic worker by Navdeep Suri Singh (Indian High Commissioner to Australia) in Canberra from 17 April 2015 to 26 May 2016. During this period, Shergill worked seven days per week for approximately 17.5 hours per day with only one hour off daily. She received no paid leave and was never allowed to take a day off. Her passport was retained by Singh throughout her employment. She was paid only AUD $2,496.08 over the entire nine-month period (approximately $276/month). She worked in Singh's residential household and received minimal access to leave the premises.
What was decided
Justice Raper found Shergill was entitled to work only in the absence of the respondent and granted the hearing to proceed without him. The court declared multiple contraventions of the Fair Work Act: failure to pay minimum wages under the Miscellaneous Award 2010, failure to pay casual loading, failure to provide appropriate work breaks, failure to pay overtime and public holiday rates, failure to provide annual leave loading, and failure to issue payslips. The court ordered Singh to pay AUD $136,276.62 plus interest within 60 days.
What it means for employers
All employers in Australia, including those engaged in domestic work and those with diplomatic status, must comply with Australian employment laws regarding minimum wages, award entitlements, annual leave, and payslips. Foreign diplomatic immunity does not protect against employment law compliance.
What it means for employees
All workers in Australia are entitled to the protections of the Fair Work Act and applicable modern awards, regardless of their immigration status or the status of their employer. Severely underpaid workers should seek legal advice about their entitlements and remedies.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →