Wijeyesinghe vs Ryan – clr volume 2 page 093

In the case between WIJEYESINGHE (plaintiff) and RYAN (defendant), the court addressed whether a tea factory clerk, employed on a monthly basis, was entitled to a month’s wages or notice on dismissal by virtue of being allegedly treated as a domestic servant. It was held that employment status as a factory clerk did not confer rights equivalent to those of domestic servants regarding notice or wage entitlement upon dismissal. The principle reaffirmed that particular employment customs governing one class of workers do not automatically apply to others without contractual or statutory support. Reference was made to the absence of evidence showing wrongful loss of wages or intent to remain under original terms, underscoring that the burden lies with the claimant to establish such entitlement