Sacked worker's case thrown out

South African High Commissioner to New Zealand her excellency Zodwa Lallie speaks during the Nelson Mandela memorial service at Holy Trinity Cathedral. Photo / Getty

The South African High Commissioner has successfully invoked diplomatic immunity so can't be investigated for sacking a domestic worker over a text sent to the wrong number.

Patience Komla approached the the Employment Relations Authority (ERA) after she lost her job and had her passport confiscated for mistakenly sending a text to an attache at the High Commission intended for a friend in Ghana.

The text message, obtained by Fairfax earlier this year, made reference to a passing remark made by High Commissioner Zodwa Lallie to another staff member that people in the residence rarely wished her well and wondered if something was wrong with her.

" ... I help her and on our way she stop by the kitchen as usual not knowing am waiting just close by and all the things were said and the other lady said she shd have a good day and she responded thanks and that she don't have many pple in this HSE who say those things to her bcos she might have a bad smell!" (sic) read part of the text.

Ghanian woman Patience Komla was sacked after sending a text message to the wrong person. Photo / Supplied

The Commissioner protested the ERA's jurisdiction over the case, invoking sovereign and diplomatic immunity as set out the Vienna Convention on Diplomatic Relations.

In response, counsel for Komla argued that her job was of a commercial nature and did not relate to official functions, therefore immunity did not apply.

"She also contends that an investigation of her employment dispute poses no risk to the official functions of the High Commissioner or the High Commission or the sovereignty of the Republic of South Africa by way of disclosure of information or protocols protected by the Convention," the ERA decision says.

But the ERA agreed with counsel for the Commissioner, who submitted the employment relationship was "a private activity incidental to the daily life of a diplomat and was not outside her official functions".

"I have heard from Ms Komla on the preliminary issue of diplomatic immunity rather than on the substantive claims," said ERA member Trish MacKinnon. "However, on the basis that her claims have no prospect of success, given the High Commissioner's immunity, I am satisfied it is appropriate to dismiss her claims without further investigation."