Industrial Law – duty of the Labour Tribunal – termination of the employment – burden of proof – awarding compensation – governing principles
When a President of a Labour Tribunal is exercising equity jurisdiction he should be mindful of a person who states falsehood under oath.
The Labour Tribunal should hold the scale equal for both parties. They are not expected to run as a Philanthropic organization, which is required to show kindness when there is sufficient evidence to show otherwise.
The only parameter provided for in the Act concerning such granting of compensation is the just and equitable concept provided or in Section 31 C (1).
losses can be of various kinds; but the matter for deliberation in these circumstances is the financial loss, and not sentimental harm caused by the employer.
IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST
REPUBLIC OF SRI LANKA
SC Appeal No: 138/2017