Lushantha Karunarathna vs. Asia Broadcasting Corporation (Pvt) Ltd – SC APPEAL 119/2021-2023

The case between Lushantha Karunarathna and Asia Broadcasting Corporation (Pvt) Ltd addressed whether the termination of employment for alleged negligence in performing duties as Senior Manager of Promotions was justified. The proceedings examined the proportionality of the disciplinary measure taken in light of evidence indicating the failure to inspect and maintain advertising hoardings, and whether the remedy of compensation was more appropriate than dismissal. The analysis relied on established statutory provisions under the Industrial Disputes Act and relevant labor jurisprudence, emphasizing that the remedy of compensation must be commensurate with the misconduct.

S. THURAIRAJA, PC, J — It was determined that the performance obligations included regular inspections to ensure prop