British High Commission v. Ricardo Wilhelm Michael Jansen – SC APPEAL NO. 99/2012-2012

In the case between The British High Commission, Colombo (Appellant) and Ricardo Wilhelm Michael Jansen (Respondent), the court addressed the issue of whether a foreign diplomatic mission can claim state (sovereign) immunity in employment-related disputes, specifically where the employment contract stipulates that local labour law applies. It was determined that the British High Commission retained state immunity in relation to the employment dispute and that there was no effective waiver of this immunity because waiver can only occur through an express act by an authorized person, which was not present in this instance. The judgment reaffirmed the principle that restrictive immunity applies to certain state acts, but employment at a diplomatic mission for services integral to sovereign fu