NGA Wijenayake vs International Construction Consortium Ltd – SC APPEAL 88/2010-2017

In the case between NGA Wijenayake and International Construction Consortium Ltd, the court addressed whether the High Court erred in reducing compensation awarded by the Labour Tribunal in a wrongful termination claim when the employer had not appealed. The court held that the High Court possessed the authority under the Industrial Disputes Act and the High Court Act to affirm, reverse, or modify Labour Tribunal orders, including reduction of compensation, irrespective of which party initiated the appeal. The reasoning emphasized the “just and equitable” principle in determining compensation, and reaffirmed that appellate jurisdiction conferred upon the High Court includes the power to make necessary modifications, with reliance placed on established case law and statutory interpretation.