Ambassador immunity in job rights case upheld

SOUTH Africa’s Ambassador to Ireland has had her claim for diplomatic immunity in an employment rights case upheld by the Rights Commissioner.

Ambassador Priscilla Jana claimed the immunity after a former employee tried to bring a claim against her under the Payment of Wages Act, 1991, the Organisation of Working Time Act, 1997, and the Unfair Dismissals Acts, 1977-2001.

Valentyna Khristonsen, a Ukranian domestic worker, began working for the ambassador in her home in Dalkey in 2006, but had her employment contract terminated in 2008.

A spokeswoman for the ambassador said Ms Khristonsen had reported days late for work on a number of occasions after holidays and had received warnings about her employment from the ambassador.

According to Industrial Relations News, in arguing for diplomatic immunity, counsel for the ambassador cited the Convention on Diplomatic Relations 1961 which defined the premises of a diplomatic mission as including buildings used for the mission, “including the residence of the head of the mission”. That convention also states the “private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission”.

The Rights Commissioner said the definitions in the 1961 Convention “clearly provide that the ambassador’s residence falls within the zone of immunity”. By employing the claimant, the ambassador was not engaging in any professional or commercial activity beyond her official function.