J.H. Jacotine v. Air Lanka Limited – SC CHC. APPEAL NO. 26/09-2012

In the case between the Applicant-Appellant-Respondent (an employee) and Respondent-Respondent-Petitioner, Air Lanka Limited, the court addressed the issue of whether failure to report for duty constituted constructive termination. It was held that the employee’s conduct amounted to a vacation of employment rather than constructive termination, reaffirming the principle that both the physical act of absenteeism and the mental intention to abandon service must be established for a finding of vacation of post. This decision relied on established employment law precedents and statutory requirements governing constructive termination, emphasizing that sustained misconduct and absence, when faced with fair disciplinary process and leniency, do not entitle the employee to reinstatement or relief