C.A. WRIT 209/2015: Fascination Exports (Pvt) Ltd vs Commissioner General of Labour, et al. – CA WRIT 209/2015-2015

In the case between Fascination Exports (Private) Limited and the Commissioner General of Labour, Assistant Commissioner of Labour (Termination Unit), Deputy Labour Commissioner, Maharagama District, and Premawathie Kumarage, the court addressed whether the transfer of Premawathie Kumarage (the 4th respondent) to a different company (Udawatte Garments (Pvt) Ltd), without her written consent, amounted to an unlawful or constructive termination of employment under the Termination of Employment of Workmen (Special Provisions) Act No.45 of 1971. It was held that a transfer to another legal entity without an employee’s written consent constitutes constructive dismissal and breaches employment protections, reaffirming the principle that the unilateral transfer of employment is impermissible with