Hettigoda Industries vs Wijesurendra – sllr 2004 volume 1 page 069

In the case between Hettigoda Industries (employer/appellant) and Wijesurendra (respondent/workman), the court addressed the justification of the workman’s termination following allegations of misconduct, namely abuse of a security officer and unauthorized removal of a spare wheel. The holding affirmed that the disciplinary sanction of dismissal was disproportionate to the proven conduct, and the charges were not substantiated by sufficient evidence. The case reaffirmed the principle that punitive action in employment matters must be proportionate and supported by credible evidence. Reliance was placed on the assessments made by the Labour Tribunal and the High Court, which found the evidence lacking and the punishment excessive, emphasizing that dismissal requires a clear and substantial