Sri Lanka Insurance Corporation Ltd. v. Jathika Sewaka Sangamava – sllr 2011 volume 2 page 114

In the case between Sri Lanka Insurance Corporation Ltd. (employer/appellant) and Jathika Sewaka Sangamava (workman/respondent), the court addressed the issue of whether an employee’s refusal to comply with a transfer order, imposed as a disciplinary punishment, equates to constructive termination of employment. It was determined that failure to comply with such an order constitutes a self-induced discharge, negating claims of wrongful termination. The legal reasoning reaffirmed the principle that an employee must first comply with a disciplinary transfer and may thereafter contest its validity (“comply and complain”), thereby upholding managerial authority in disciplinary procedures. Established precedents and statutory interpretation were relied upon, with emphasis placed on the proper a

REF: sllr 2011 volume 2 page 114 Category: Tag:
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