Brandix Apparel Solutions Limited vs Kachchakaduge Frank Romeo Fernando – SC APPEAL 60/2018-2016

Brief
In the case between Kachchakaduge Frank Romeo Fernando (Applicant-Appellant-Respondent) and Brandix Apparel Solutions Limited (Respondent-Respondent-Appellant), the court addressed whether the disciplinary inquiry and subsequent punitive transfer amounted to constructive termination, and if the actions taken were consistent with principles of natural justice and employment law. The court held that the Labour Tribunal’s jurisdiction arises only on termination or constructive termination of employment; a mere transfer, even if punitive, does not confer such jurisdiction unless a clear breach or repudiation of contractual terms is proven. It was determined that the burden to prove constructive termination rests with the employee. The Supreme Court set aside the High Court judgment and a