Mrs D.B. Siriwardana and Mr D.A.N. Dissanayaka vs Jayantha De Silva and Others – CA WRT/31/21-2023

In the case between Mrs. D.B. Siriwardana, Mr. D.A.N. Dissanayaka (Plaintiffs), and, among others, Sri Lanka Insurance Corporation Ltd. and the Commissioner General of Labour (Defendants), the court addressed whether the Petitioners’ physical absence from employment—resulting from detention in connection with a visa interview—constituted a vacation of post. The central issue was whether mere physical absence, unaccompanied by intent to abandon (the required mental element), could fulfill the legal standard for repudiation of the employment contract and vacation of post. The findings established that both physical absence and the intention to abandon are necessary elements; the absence of the latter invalidated the Respondent’s reliance on the vacation of post. It was determined that the ar