CHARTERED INSTITUTE OF PERSONNEL MANAGEMENT

SRI LANKA (Inc.)

Chartered Qualification in Human Resource

Management

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Employment
Law
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1. Acknowledgement
This report is created to fulfill a requirement of Chartered Qualification in Human
Resource Management. I would like to convey my special thanks of appreciation to my
lecturers as well as the Chartered Institute of Personnel Management for giving me a
good guideline and helping me to do this report by supporting me throughout.

I would also like to expand my genuine gratitude to my family and to all those who
have directly or indirectly guided me in writing this assignment. All that I have done is
only due to such supervision and support and I would not forget to thank them. I admire
and thank you all for providing me an opportunity to do this assignment and giving me
support and guidance which made me complete the assignment accordingly.

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Contents

1. Acknowledgement .............................................................................................. 3

2. Question 1. ......................................................................................................... 5

3. Question 2 .......................................................................................................... 6

4. Question 3 .......................................................................................................... 7

5. Question 4 .......................................................................................................... 8

6. References .......................................................................................................... 9

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2. Question 1.
a) As far as concern on the given fact it has been stated that the concept of the
termination of an employee is governed by the Termination of Employment Act.
Considering the section 2 of the act it has been stated that an employee could be
terminated either by prior written consent of the employee or else prior written approval
of the commissioner of the Labor tribunal. This section is covered the private sector
only. According to the given fact it can be presumed the bank as a private sector
therefore in the matter of Sarath termination this section will be involved. An employee
could be terminated based on several grounds. Such as bad behavior, bad or improper
conduct, action contrary to rules laid down, mismanagement, evil behavior and
delinquency of an offence. Therefore, it can have stated that Sarath conduct could be
mentioned as inappropriate. Therefore, the bank having the right to terminate Sarath
but it should be done in accordance with section 2 of termination of an employee act.
That means Sarath could be terminated either by his prior written consent or else written
approval of the commissioner of the labor. furthermore it has been noted that if the
contract of employment mentioned that the domestic inquiry could be conducted before
the termination then it must be conducted (rizwan , 2019).

b) Trade union actions could be proceeded even there is a misconduct on the part of
employee. There are several actions could be proceeded through the trade union actions
such as industrial action, picketing strike and so on. After that there must be a
bargaining between employer and employee. According to the given fact the trade
union action on behalf of Sarath could be proceeded moreover the claims of the trade
union could be accepted but because of the misconduct of Sarath the willingness of the
employer is important. Therefore it can be stated that the employer having the right to
provide the reinstatement with several conditions to Sarath or else the employer could
reject the claims (rizwan , 2019).

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3. Question 2
The concept of the domestic inquiry could be defined as an inquiry that had been
proceeded to find the truth, facts circumstances concerning the chargers that has been
imposed on the employee by the employer.

As far as concern on the procedure of the of the domestic inquiry it has been mentioned
that according to the case of Barberyn Reef Hotel vs. Suriyarachige Raju it had been
held that it is mandatory to hold and domestic inquiry if the employee had committed
a misconduct. This inquiry must be conducted before the termination. However, in Sri
Lanka there are no any statuary requirements for this. This should be inserted in the
collective agreement, or contract of employment provided.

The main thing to focused in the case of domestic inquiry is natural justice it has been
mentioned that the domestic inquiry must be conducted based on the principles of
natural justice. After following the procedure the employer could punish the employee
who is in charge of the misconduct (Naik , 2010).

The employer must state the charges that had imposed on the employee clearly and then
the witnesses are examined ordinarily in the presence of employee with regard to the
chargers.

And then the employee should be granted a chance to cross examine the witnesses.
Then the employee should be given a reasonable opportunity to defend these are the
procedure to be followed during the domestic inquiry.

Further if the employer followed the procedure and dismissed the employee then it
could be considered as fair and just. However, it must be noted that the decision of an
employer could be challenged if he is a workman under the section 2 A of the industrial
dispute act.

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4. Question 3
The concept of natural justice could be defined as follows where it requires that a person
must receive a fair and unbiased hearing before the decision made where it will
negatively affect them.

Domestic inquires could be conducted be held in line with the concept of natural justice
if the domestic inquiries are conducted as per the principles of natural justice then such
inquiry will not be open to attack. That means if the domestic inquiry properly followed
then the decision is taken in the good faith. In this situation it is very hard to challenge
such decision. In the case of Associated Battery Manufactures Ltd vs. United
Engineering Workers Union. It has been stated that the appeal had been set aside thus
it not followed the concept of natural justice because in this case the standard of proof
is not followed therefore the case had been set aside (Naik , 2010).

Moreover in the case of United Engineers workers vs. Devanayagam it has been
mentioned that a workman had been charged for the criminal conduct but the proof did
not reached the standard of proof that means it did not satisfied beyond the reasonable
doubt therefore the decision had been challenged in the court of law and the court
dismissed such decision and requested to conduct a fresh domestic inquiry (Naik ,
2010).

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5. Question 4
1) There are several types of termination one is termination due to misconduct other
than that it can be mentioned the voluntary termination thus if the worker takes the
initiative to leave the company.

Employment at will if the there is any fear that an employer can fire the employee at
any time (Jastoer, 2012).

2) A Preliminary inquiry is hearing that takes place to determine whether there is

enough evidence to justify sending the cause to trial. It is also called as preliminary
hearing. If an employee charged with misconduct then there must be a preliminary
inquiry (weerasinge, 2009).

3) The show because letter include what is the proposed punishment and copy of the
inquiry report. Also the letter also requires the employee to show some causes that why
such punishment is not awarded to him. This letter also considered as an opportunity
for the employee to defend him (Jastoer, 2012).

4) It means any associate or combination of workman or employer whether it is

temporary or permanent having among objects one or more of the following such as
regulation of relations between workmen and employee or employer or workmen.

5) There are several punishment due to the gravity of the offence (rizwan , 2019).

a. Verbal warning. The employee could be warned regarding the violated thing

b. Written reprimand. The formal notification in writing

c. Suspension loss of number of work and wages for specific time or days

d. Discharged the employee could be terminated from work (Jastoer, 2012).

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6. References
Jastoer, K. (2012). Out of mis condcut . JStor.

Naik , P. (2010). Concept of Natural justice. Linked in .

rizwan , c. (2019). Termination of an emplyee. Rizwan Law journal .

weerasinge, M. (2009). Prelimnery inquiry. research gatwe.

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