Wickrama Arachchi Kolambage Sanjeewa Kumara v. K.A. Nandana Kuruppu – SC APPEAL 202/2015-2018

In the case between Wickrama Arachchi Kolambage Sanjeewa Kumara and K.A. Nandana Kuruppu with Nandana Brothers, the court addressed the issue of whether the Applicant’s status constituted employment under a “contract of service” or an independent “contract for service,” and whether the High Court lawfully interfered with the Labour Tribunal’s factual determinations. It was held that the Applicant was indeed an employee under a contract of service, and that the Labour Tribunal’s decision to award compensation upon unlawful termination was correct. The principle reaffirmed was that appellate courts should not interfere with factual findings of the Labour Tribunal unless there is clear error, in accordance with established precedent and the control test for determining employment relationship