The Rights of Diplomatic and Consular Employees in Australia

Australian Journal of Labour Law, Vol. 31 No. 1 (2018)

U of Melbourne Legal Studies Research Paper No. 792

17 Pages Posted: 13 Aug 2018 Last revised: 14 Aug 2018

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Date Written: August 10, 2018

Abstract

This article examines a group of employees who have been rarely considered in Australian court and tribunal decisions and scholarly commentary to date: diplomatic and consular workers. While persons employed by foreign states in their embassies and consulates generally enjoy favourable rights of access to justice under the Australian law of foreign state immunity, those retained personally by individual diplomats (commonly domestic servants) stand in a much worse position due to the excessively wide rules of diplomatic immunity. After discussing the current legal regimes in Australia and other jurisdictions, the author suggests possible strategies for improving the situation of such employees.

Keywords: diplomatic, consular, workers

JEL Classification: K00, K31

Suggested Citation

Garnett, Richard, The Rights of Diplomatic and Consular Employees in Australia (August 10, 2018). Australian Journal of Labour Law, Vol. 31 No. 1 (2018), U of Melbourne Legal Studies Research Paper No. 792, Available at SSRN: https://ssrn.com/abstract=3229624

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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