FECT Legal and Related

    Domestic inquiries and their importance in Labour Law    FT - Tuesday, 28 September 2021  Recent Supreme Court pronouncements in Barberyn Reef Hotel Ltd. Vs. Suriyarachchige Raju (SC No. 132/2016) and R. Chandrasena Vs. The Monetary Board (SC No. 148/2012) have given added emphasis to the importance of holding a domestic inquiry once an employee has committed an offence/misconduct, which in the eyes of an employer warrants stern disciplinary action and would most often include the termination of his/her services. It is important to understand why a domestic inquiry should be held in the first place and the far-reaching effects of its decision in the context of labour law.  The mandate of an inquiry officer holding a domestic inquiry relating to a misconduct(s) is to determine whether the specific charge(s) levelled against the employee had been established or not. Unlike in India there is no statutory requirement in Sri Lanka necessitatin...

Daily Mirror 20 August 2021 Link - Work for the day of employee completed or not to be decided by employer not employee : SC Financial Times 28 September 2021 - Feature Article    De Saram Lawyers Lessons - Termination on the Grounds of Misconduct The Supreme Court in a judgment relating to an industrial dispute case held that it is a matter for the employer, not the employee to decide whether the work for the day of an employee was completed or not. Supreme Court three-judge-bench comprising Justice Buwaneka Aluwihare, Justice Vijith K. Malalgoda and Justice E.A.G.R. Amarasekara delivered this judgment in respect of an appeal filed by a hotel chef challenging the termination of his services from a hotel in Beruwala. He was accused of sleeping while on duty. The Supreme Court further held that once an employee reports to work the common norm is that the employee would remain in his or her workstation until the end of the duty hours. The Supreme Court upheld the High Court j...

EPF and ETF: Should or shouldn’t they be merged into a separate institution? http://www.ft.lk/article/520800/EPF-and-ETF--Should-or-shouldn-t-they-be-merged-into-a-separate-institution

1982 - Free Lanka Trading vs Commissioner of Labour (Circumstances under which determination of Commissioner may be challenged) https://www.kapruka.com/Sri_ Lanka/law/view_legal_document. jsp?type=text&key1=Judgements& key2=SLR&key3=SLR-1982%20Vol. 1-P97&key4=Labour%20Judgements Free Lanka Trading Co. Ltd vs. Commissioner of Labor - Case Law https://www.lawnet.gov.lk/wp- content/uploads/2016/11/010- SLLR-SLLR-1982-1-Free-Lanka- Trading-Co.-Ltd-V- Commissioner-of-Labour.pdf

By Viren Godamanne View(s): The Malwatta Chapter Mahanayake has expressed serious concern while others have complained over the blatant disregard and vandalism of Sri Lanka’s ancient monuments. The latest of such a threat which was temporarily halted by the timely action of the appellate court was the Road Development Authority’s move that could have caused harm and destruction to the Ancient Godamunne Walauwwa at Ampitiya in Kandy.  The Walauwwa and land surrounding it had been received by Godamunne Mudali through a grant by Sannas in 1765 in honour of his indomitable courage and skill in war, after he routed the forces of Van Eck, during the Dutch invasion of Kandy. This happened during the reign of King Kirthi Sri Rajasinghe. (Lawrie’s Gazette). While the Godamunne Sakalasuriya family owned  paraveni  lands from 1660 A.D. in Hewaheta, they came to live permanently in the Walauwwa at Ampitiya after Capt. Fraser of the British Imperial army overran and razed ...

source -  link Two books by Sri Lanka RTI Commission on RTI Act and Regime have been released online.  The first volume contains extracts from selected orders of the Commission during 2017-2018 with keywords, synopsis of decisions and important principles highlighted.  This has been compiled as a guide to enable information officers and designated officers as well as citizens to understand the approach of the Commission in applying the Act in order to encourage pro-public interest disclosure standards.  The book also contains an index of a broader range of decisions categorised in respect of information released by public authorities under order of the Commission under the following:  Annual reports, minutes of board meetings  Bilateral agreements  Compensation payments (for acquisition of land)  Commission of inquiry reports  Draft laws   Info on development projects  Educational and professional qualifications of p...