M. Anura Fernando vs Little Lion Associates (Pvt) Limited – SC APPEAL NO. 221/2014-2014

In the case between M. Anura Fernando and Little Lion Associates (Pvt) Limited, the court addressed the issue of whether the High Court erred in setting aside the Labour Tribunal’s order directing re-instatement with back wages following a finding of termination due to alleged theft and misconduct by the Applicant. The findings established that the termination was substantiated by evidence, including contradictory testimony and significant unexplained delay in the Applicant’s duties, supporting the original decision of misconduct. The decision reaffirmed the principle that re-instatement and back wages are not warranted where employee misconduct is proven. Reference was made to evidentiary standards in domestic inquiries and the discretionary powers of labour tribunals. The outcome emphasi