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Questions and Answers
In the case of Ceylon Bank Employees Union v BOC, what is the primary basis for disciplinary termination?
In the case of Ceylon Bank Employees Union v BOC, what is the primary basis for disciplinary termination?
What must be proved in the Shalimar Rope Works Mazdoor Union case for disciplinary termination to be valid?
What must be proved in the Shalimar Rope Works Mazdoor Union case for disciplinary termination to be valid?
According to Courts Thread Lanka Ltd v Samarasundara, what can the outcomes of an inquiry reveal?
According to Courts Thread Lanka Ltd v Samarasundara, what can the outcomes of an inquiry reveal?
What constitutes the act of vacation of service as determined in Building Materials Corporation v National Employers' Association?
What constitutes the act of vacation of service as determined in Building Materials Corporation v National Employers' Association?
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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?
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?
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What is the burden of proof in the context of constructive termination as highlighted in Murray v Minister of Defence?
What is the burden of proof in the context of constructive termination as highlighted in Murray v Minister of Defence?
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In Moosajes Ltd v Rasiah, what role does the employer play regarding a probationary employee's performance?
In Moosajes Ltd v Rasiah, what role does the employer play regarding a probationary employee's performance?
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What must be established in Building Materials Corporation v National Employers' Association to prove the act of vacating a post?
What must be established in Building Materials Corporation v National Employers' Association to prove the act of vacating a post?
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What aspect of fixed-term contracts was deemed arbitrary in Fernando v Lanka Electricity Company?
What aspect of fixed-term contracts was deemed arbitrary in Fernando v Lanka Electricity Company?
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According to Moosajes Ltd v Rasiah, is the employer required to justify their decision regarding a probationary employee?
According to Moosajes Ltd v Rasiah, is the employer required to justify their decision regarding a probationary employee?
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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.
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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.
