Domestic Inquiry and the Principles of Natural Justice: A Critical Analysis of the Labour Law Regime of Sri Lanka

Abstract

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.