Brown & Co. Ltd. v. Samarasekera – sllr 1996 volume 1 page 334

In the case between Brown & Co. Ltd (Plaintiff) and Samarasekera (Defendant), the court addressed the issue of whether the termination of a probationer’s services was justified following two extensions of the probationary period. The holding affirmed that, absent mala fides or victimization, the employer is not obligated to show good cause for the termination of a probationer, especially where confirmation is not automatic and the employer has discretion to extend probation. This decision relied on established legal principles concerning probationary employment and statutory interpretation, underscoring that the evidentiary burden to establish wrongful or biased termination rests with the alleging party. The appeal was allowed, and previous decisions of the High Court and Labour Tribunal,