Padmika Mahanama Tilakarathne vs. Maga Neguma Road Construction Equipment Company (Pvt) Ltd. – SC APPEAL NO.61/2015-2021

In the case between Padmika Mahanama Tilakarathne (Plaintiff/Appellant) and Maga Neguma Road Construction Equipment Company (Pvt) Ltd. (Respondent), the court considered whether the termination of employment for alleged abandonment of post was justified, especially given claims of harassment and contradictory actions regarding the submission of medical certificates. It was held that termination on the basis of vacation of post was not legally warranted where the employee’s absence was caused by a hostile workplace environment, including threats and impediments to reporting for duty. Orders of the Labour Tribunal and the High Court, which dismissed the applicant’s claims, were set aside. The Respondent was directed to reinstate the Applicant-Appellant with full back wages and emoluments, re