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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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Controversy over absence of Agriculture Minister, Deputy at NPP’s inaugural farmers’ rally

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Lal Kantha / Karunaratne

By Shamindra Ferdinando

The absence of Agriculture Minister Lal Kantha and his Deputy Namal Karunaratne at the NPP’s farmers’ rally at Polonnaruwa, on Saturday (12) revealed the government’s failure to address the problems faced by the farming community, the SLPP says.

Former Kalutara District SLPP MP Sanjeewa Edirimanna said that politburo member Lal Kantha, who represented the NPP’s highest decision-making body, and his Deputy, Karunaratne, couldn’t face the farmers, and hence their absence at Saturday’s rally. Their absence underscored the gravity of the situation, Edirimanna said, thanking the NPP for openly acknowledging the crisis in the agricultural sector.

Kandy District MP Lal Kantha was not immediately available for comment. When The Island sought an explanation from Deputy Minister Karunaratne regarding their absence, he said that there was no need for all of them to attend each and every NPP rally.

President Anura Kumara Dissanayake addressed Saturday’s gathering on behalf of the party and there shouldn’t be any issue over their absence, MP Karunaratne said.

Karunaratne said so when The Island pointed out that their presence mattered as it was the inaugural farmers’ rally held almost two years after the last presidential election.

MP Karunaratne claimed that the Polonnaruwa rally was not on his schedule for 12 Sept.

Ex-MP Edirimanna pointed out that Minister Lal Kantha had addressed both the Bulathsinhala and Beruwala rallies, held on 6 Sept., which marked the commencement of the NPP propaganda campaign, launched amidst growing dissent over the way the government sought to enact the 22nd Amendment to the Constitution.

Edirimanna said that the NPP couldn’t justify both Ministers in charge of agriculture skipping the Polonnaruwa rally. Responding to another query, Edirimanna said that he wouldn’t attribute their absence to any internal conflict but the NPP’s overall failure to address the growing grievances of the farming community.

Edirimanna said that in spite of promises, the NPP had pathetically failed to ensure a reasonable pricing formula for paddy. The President again promised to implement an efficient paddy purchasing scheme at the next harvesting season, the ex-MP said, adding that the government should be ashamed and accept responsibility.

Edirimanna stressed that the government’s vow to implement a mandatory price for different varieties of paddy remained just a promise.

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Thousands march in Jaffna demanding international investigation into Chemmani

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A section of the demonstrators engaged in Jaffna protest on Subday (pic courtesy Tamil Guardian)

A demonstration was held in Jaffna on Sunday (14) demanding an international investigation into the Chemmani mass grave, which protesters said constitutes evidence of the genocide committed against Tamils, Tamil Guardian HAS reported.

The procession began near the United Nations office, close to the Kailasa Pillayar Temple in Nallur, and proceeded to Kittu Park, where it concluded with a public gathering. Protesters demanded an international inquiry into the 583 sets of human skeletal remains and other evidence recovered from the site.

The rally was organised jointly by the Tamil National Council and civil society organisations, which had called for the excavation, preservation and forensic analysis of Chemmani and other mass graves to be placed entirely under the responsibility of the United Nations, without intervention by the Sri Lankan state.

A party alleged to have been responsible for a crime cannot be expected to exercise exclusive control over the evidence needed to investigate it, the council argued ahead of the demonstration, warning that placing such material under the control of an alleged perpetrator creates a risk that evidence could be damaged or compromised, Tamil Guardian reported.

Alongside the Chemmani demands, the organisers had called for an independent international criminal investigation into the genocide of Tamils, the transfer of evidence to the International Criminal Court, the immediate release of political prisoners held under the Prevention of Terrorism Act and the repeal of that legislation, the withdrawal of the military from the North-East, the return of occupied land, and international recognition of the Eelam Tamil people’s right to self-determination.

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FAC that sank last month recovered in salvage operation

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The Navy Fast Attack Craft (FAC) that sank off Angulana in August after colliding with a shipwreck was brought to Colombo Port over the weekend (Pic courtesy SLN).

The Sri Lanka Navy recovered its Fast Attack Craft P 4447 following a successful salvage operation, bringing a multi-stage emergency response to a close.

The craft sank during a routine patrol, on 15 August 2026, off Angulana, after colliding with a previously sunken bulk carrier. It was brought to the surface on 11 September from a depth of approximately 80 feet. It was subsequently towed to the Colombo Dockyard premises.

The initial phase of the operation, immediately following the incident, focused on search and rescue. A joint effort, involving the Navy, Air Force, Police, and local fishermen from Angulana, helped rescue of 11 crew members. The search and rescue phase drew to a close with the recovery of the remains of the Second in Command of the craft, on 4th September.

Following the search and rescue phase, specialised Navy diving and salvage teams launched a dedicated recovery phase against rough sea conditions and underwater challenges, adhering to strict safety protocols. The Navy’s marine, hull, electrical, and electronic engineering teams utilised specialised technical know-how and equipment to raise the vessel in stages, the Navy said.

Technical support and specialised expertise were also extended by the Sri Lanka Ports Authority and Colombo Dockyard PLC.

The salvaged FAC (pic courtesy SLN media)

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