Dehiwattage Rukman Dinesh Fernando vs Union Apparel (Pvt) Ltd – SC APPEAL:19/2015-2021

In the case between Dehiwattage Rukman Dinesh Fernando (Applicant) and Union Apparel (Pvt) Ltd (Respondent), the court addressed the issue of whether the Applicant’s termination without a domestic inquiry constituted unjust dismissal, the proper calculation of compensation for wrongful termination, and the allocation of the burden and standard of proof in establishing negligence within a labour context. It was held that, despite the failure to hold a domestic inquiry, there was no substantial prejudice on the evidence, and the original award in favour of the Applicant was affirmed. The principle reaffirmed was that while observance of natural justice and domestic inquiry are important, the absence thereof will not necessarily vitiate termination if it does not result in material injustice.