Sri Lankan Airlines Limited vs Jacotine – sllr 2012 volume 2 page 032

In the case between Sri Lankan Airlines Limited and Jacotine, the court addressed whether the Respondent’s refusal to report for duty after demotion and other disciplinary measures constituted constructive termination. It was held that the Respondent’s absence did not amount to constructive termination and that the employer was entitled to treat this conduct as a repudiation of the employment contract, amounting to a vacation of post. The decision reaffirmed the principle that a contract of employment is not constructively terminated unless the employer’s actions go to the root of the contractual relationship, and an employee’s unjustified failure to report for duty may be treated as a breach. The court’s findings were grounded in established legal standards governing repudiation and const