Labour Law Case Studies Quiz

Questions and Answers

In the case of Ceylon Bank Employees Union v BOC, what is the primary basis for disciplinary termination?

Misconduct specifically related to workplace safety

Types of misconduct, including actions outside the workplace

Employee performance evaluations

The validity of employment contracts

What must be proved in the Shalimar Rope Works Mazdoor Union case for disciplinary termination to be valid?

That the action was performed during working hours

Whether the act constitutes misconduct (correct)

That the behavior was part of a long-term pattern

That the employee had prior warnings

According to Courts Thread Lanka Ltd v Samarasundara, what can the outcomes of an inquiry reveal?

The financial stability of the company

The employee's history with the organization

The effectiveness of internal HR policies

The legitimacy of the employer's actions (correct)

What constitutes the act of vacation of service as determined in Building Materials Corporation v National Employers' Association?

An employee refraining from attending work without an acceptable excuse. Signup and view all the answers

In SL State Plantations Corp v Lanka Podu Seva Sangamaya, what is the implication of not adhering to sections 33(3), 33(5), and 33(6) of the TEWA?

Entitlement to reinstatement for the employee Signup and view all the answers

What is the burden of proof in the context of constructive termination as highlighted in Murray v Minister of Defence?

The responsibility for intolerable conditions lies with the employer Signup and view all the answers

In Moosajes Ltd v Rasiah, what role does the employer play regarding a probationary employee's performance?

The employer decides whether the employee has met satisfactory performance levels. Signup and view all the answers

What must be established in Building Materials Corporation v National Employers' Association to prove the act of vacating a post?

Evidence of a physical absence and mental intention to leave. Signup and view all the answers

What aspect of fixed-term contracts was deemed arbitrary in Fernando v Lanka Electricity Company?

The non-renewal of a fixed-term contract without adequate justification. Signup and view all the answers

According to Moosajes Ltd v Rasiah, is the employer required to justify their decision regarding a probationary employee?

No, they are not obligated to provide reasons. Signup and view all the answers

Study Notes

Ceylon Bank Employees Union v BOC

Focuses on disciplinary termination concerning types of misconduct.
Types of misconduct include theft, fraud, and dishonesty, particularly occurring outside the workplace.

Shalimar Rope Works Mazdoor Union v Shalimar Rope Works Ltd

Emphasizes establishing whether an act constitutes misconduct for disciplinary termination.
If no misconduct is proven, the court may rule for replacement with back wages.

Courts Thread Lanka Ltd v Samarasundara

Involves inquiries to determine the bona fides of the employer's actions.
An inquiry can reveal arbitrary actions of employers, impacting the fairness of disciplinary measures.

SL State Plantations Corp v Lanka Podu Seva Sangamaya

Centers on reliefs available for unfair termination.
Pertinent sections of TEWA include 33(3), 33(5), and 33(6) when termination is declared not just and equitable.
Employees may be entitled to reinstatement if termination fails the fairness test.

Murray v Minister of Defence

Discusses constructive termination linked to intolerable working conditions.
It is the employer's responsibility to create or maintain these intolerable conditions.

Building Materials Corporation v National Employers' Association

Pertains to the concept of vacation of post due to prolonged absence without valid excuse.
Validity requires proving both the act of absence and the mental intention to vacate service on a balance of probabilities.

Moosajes Ltd v Rasiah

Deals with issues surrounding probationary employment and the discretion of employers.
Employers are not obligated to provide reasons for determining whether a probationer has performed satisfactorily.

Fernando v Lanka Electricity Company

Concerns fixed-term contracts and their renewal practices.
The court found the non-renewal of a fixed-term contract arbitrary due to a lack of proper justification.

Description

Test your knowledge on key labour law cases regarding disciplinary termination and misconduct. Explore landmark cases, including Ceylon Bank Employees Union and SL State Plantations Corp, to understand the implications of unfair termination and employee rights. This quiz will deepen your understanding of employer-employee relations under the law.