Hatton National Bank v. Perera – sllr 1996 volume 2 page 231

In the case between Hatton National Bank and Pereira, the Supreme Court addressed whether the termination of Pereira’s employment was justified under the Industrial Disputes Act, and whether reinstatement with back wages or compensation in lieu of reinstatement was appropriate. It was determined that the termination was unjustified and wrongful; however, reinstatement was not recognized as an automatic right. Instead, compensation in lieu of reinstatement was found to be just and equitable. In applying section 33 of the Industrial Disputes Act, an award of five years’ salary as compensation was directed, replacing earlier orders for reinstatement and back wages, thereby reaffirming the discretion afforded to the Tribunal in tailoring remedies suited to the circumstances.

G. P S. DE SILVA,