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Dismissal of airline worker over sexual harassment :

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SC overrules Labour Tribunal order and HC ruling

By Shamindra Ferdinando

 

The Supreme Court recently concluded a long-drawn out sexual harassment case in SriLankan Airlines.

A three-judge bench, comprising P. Padman Surasena, Janak de Silva and Mahinda Samyawardhena overturned an order given by Labour Tribunal (LT) on 22 Oct., 2013, and a ruling by the Negombo High Court on 19 Oct., 2016, upholding the dismissal of the employee-Ground/cum flight steward for sexually harassing an air hostess.

The Court accepted that at the time of the incident on 17 March, 2005, on UL 505 Colombo-London flight, the respondent had been intoxicated though company policy was crew couldn’t consume alcohol within 10 hours of a scheduled flight.

The SC found that the President of the LT had erred. So had the High Court in affirming the order of the LT.

Manoli Jinadasa appeared for the air hostess whereas T. I. Sapukotanage represented the flight steward.

The Court was told that the airline had terminated the services of the accused on 07 Sept., 2005, following a disciplinary inquiry. The worker has been dealt with under four separate allegations which were also explained to the LT, Negombo HC and the Supreme Court.

The dismissed employee later moved LT seeking his reinstatement and back wages. Consequent to the action at LT initiated on Nov 28, 2005, LT held that the termination of services of the flight steward was not just and equitable. The LT ordered reinstatement of the worker without back wages subject to one year of probation on the basis that being without work for a period of eight years, is sufficient punishment as there had been other employees who had received lesser punishment for similar misconduct.

Justice Janak de Silva stated that sexual harassment is a criminal offence and such conduct amounts to a serious misconduct at the workplace. Justice de Silva emphasized that sexual harassment could take place against both men and women.

During the proceedings, the Court was told of numerous other sexual harassment cases though disciplinary action hadn’t been taken in the absence of written complaints. One such case was a flying stewardess who hadn’t been assigned for duties for a period of six months and restricted for short flights for a year after she refused to succumb to a member of the airline crew.

The SC has given ruling on Feb 2 against the backdrop of a high profile awareness campaign on sexual harassment in work places and proposed labour law reforms expected to contain a new chapter on the issue at hand and are expected to be implemented this year. In addition, a special sexual harassment Act is being drafted separately under the general law as well. Legal sources pointed out that there would be two Acts, the Employment Act which will contain provisions on sexual harassment at workplaces and another Act under the general law.



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Colombo Metropolitan Region, Eastern Development Plan and the Greater Hambantota Project discussed in detail

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A meeting between Secretary to the President, Dr. Nandika Sanath Kumanayake and relevant ministry officials was held on Tuesday (08) at the Presidential Secretariat regarding the development plans to be implemented in Sri Lanka under three zones, in collaboration with the Surbana Jurong Institute of Singapore and 18 Ministries.

During the meeting it was discussed in detail regarding the plans for the Colombo Metropolitan Region, Eastern Development Plan and the Greater Hambantota Project. The officials from Singapore-based urban planning and infrastructure consultancy Surbana Jurong also joined the discussion virtually.

Progress reports on the three projects were reviewed in detail and  Dr. Kumanayake instructed the officials to identify any deficiencies and finalize the necessary actions within the next two weeks.

The discussion also addressed delays in securing necessary approvals for investments under the existing regulatory framework, as well as the urgent need to revise certain legislative instruments to better facilitate national development.

The meeting was attended by Secretary to the Prime Minister G.P. Saputhanthri, Senior Additional Secretary to the President Russel Aponsu, Secretary to the Ministry of Urban Development, Construction and Housing U.G. Ranjith Ariyaratne, and several senior officials from the respective ministries.

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Heat index at ‘Caution level’ in Northern, North-central, Eastern, North-western, Western provinces and Monaragala district today [09]

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The Natural Hazards Early Warning Centre  of the Department of Meteorology has issued a Warm Weather Advisory for 09 April 2025

The public are warned that the Heat index, the temperature felt on human body is likely to increase up to ‘Caution level’ at some places in Northern, North-central, Eastern, North-western, and Western provinces and in Monaragala district.

The Heat Index Forecast is calculated by using relative humidity and maximum temperature and this is the condition that is felt on your body. This is not the forecast of maximum temperature. It is generated by the Department of Meteorology for the next day period and prepared by using global numerical weather prediction model data.

Effect of the heat index on human body is mentioned below is prepared on the advice of the Ministry of Health and Indigenous Medical Services.

ACTION REQUIRED

Job sites: Stay hydrated and takes breaks in the shade as often as possible.
Indoors: Check up on the elderly and the sick.
Vehicles: Never leave children unattended.
Outdoors: Limit strenuous outdoor activities, find shade and stay hydrated. Dress: Wear lightweight and white or light-colored clothing.

Note:
In addition, please refer to advisories issued by the Disaster Preparedness & Response Division, Ministry of Health in this regard as well. For further clarifications please contact 011-7446491.

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Sajith asks govt. to submit its MoUs with India to Parliament

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Prof. Jayasumana raises possibility of Lanka ending up with “Quad’

Opposition and SJB Leader Sajith Premadasa has said it is the responsibility of the NPP government to submit the MoUs/agreements that were recently signed with India to the respective Sectoral Oversight Committees (SOCs).

Premadasa said so when The Island raised the issue with him. He said that during his meeting with Premier Modi his focus had been on opening the Indian market for Sri Lankan garment exports.

The seven MoUs/agreements signed on 05 April included defence cooperation, energy, Eastern Province development and digitalisation.

Meanwhile, the Vice President of Sarvajana Balaya and former lawmaker Prof. Channa Jayasumana said that the government owed an explanation whether the recently signed MoU on defence cooperation directly or indirectly attached Sri Lanka to the Quad security alliance, consisting of the US, Australia, Japan and India.

The former SLPPer raised the issue at a meeting held at Boralesgamuwa on Monday (07) in support of Sarvajana Balaya candidates contesting the May 6 LG polls.

Prof. Jayasumana urged that the MoU on Defence Cooperation be placed before Parliament, and the people, without further delay. The academic who served as State Health Minister during President Gotabaya Rajapaksa’s tenure said that President Anura Kumara Dissanayake’s foreign policy direction should be dealt with.

By Shamindra Ferdinando

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