Browsing by Author "Seneviratne, P. K."

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Open Access
Application of Natural Justice Principles in Workplace Discipline: The Need for Legal Reform in Sri Lanka
(Faculty of Humanities and Sciences, SLIIT, 2024-05-17) Rajapakse, R. L. W; Seneviratne, P. K.; Seneviratne, P. K.S. K.
Principles of natural justice, including fair hearings and unbiased decision-makers, should apply in employee disciplinary procedures. However, Sri Lankan labor law does not statutorily require employers to conduct domestic inquiries before imposing disciplinary punishments. This study investigated whether courts continue to uphold principles of natural justice in the absence of a legal mandate requiring domestic inquiries, thereby assessing the necessity for legal reforms. Through examining legislation, case law, and academic literature, this study found courts generally only consider if a valid reason exists for the punishment, not whether fair procedures were followed. Further discrimination arises between public and private sector employees in applying natural justice principles. Reforming labor law to mandate domestic inquiries before employee punishment would strengthen natural justice rules and align with international standards like ILO Convention 158. This reform is needed to universally uphold procedural fairness in workplace discipline. Until then, the judiciary cannot fully ensure employees’ rights to fair disciplinary procedures are protected. Courts have upheld natural justice primarily under writ or fundamental rights jurisdiction, mainly benefiting public sector employees. Private sector employees lack that protection. Requiring domestic inquiries before punishment through amending the Industrial Disputes Act would fill this gap. This suggested legal reform would bolster the rule of law in Sri Lanka’s employment relations. As the law stands, employers currently have full discretion on disciplinary procedures. Statutorily mandating domestic inquiries would check that unilateral authority. This study demonstrates the need to embed fair process requirements into labor legislation to fully realize principles of natural justice.
Open Access
Domestic Inquiry and the Principles of Natural Justice: A Critical Analysis of the Labour Law Regime of Sri Lanka
(Faculty of Humanities and Sciences, SLIIT, 2023-11-01) Rajapakse, R. L. W.; Seneviratne, P. K.; Seneviratne, P. K. S. K.
Within the employer-employee relationship, the principles of natural justice demand a fair procedure to be followed before imposing punishments on employees. ILO Convention 158 and other selected foreign jurisdictions support the view that the existence of a valid reason such as a capacity problem or a conduct problem of the employee alone is not sufficient for a termination of service or another punishment to be justified and it is necessary to have applied a fair procedure by the employer in arriving at the said decision. However, the Sri Lankan labour law regime does not stipulate a statutory requirement for a domestic inquiry before imposing punishments on employees. Therefore, the sole responsibility of upholding the rule of law in workplace disciplinary matters by ensuring the principles of natural justice lies on the judiciary of Sri Lanka. Under the above context, this research explored whether the judiciary of Sri Lanka has fulfilled the said responsibility. This research study utilized the qualitative methodology where the researchers studied, analyzed, and synthesized a variety of materials gathered through primary and secondary sources to formulate a conclusion and come up with the study results. Finally, the research revealed that the lacuna of a statutory requirement for a domestic inquiry has become a great barrier to uphold the principles of natural justice by the judiciary. Therefore, the principles of natural justice are upheld by the judiciary only when implementing the Writ jurisdiction and Fundamental Rights jurisdiction. This creates discrimination between private and state sector employees including state corporation sector employees for similar matters. Finally, the research suggests stipulating the requirement of holding a domestic inquiry in Sri Lanka by way of an amendment to be made to the Industrial Disputes Act No. 43 of 1950.