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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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PSTA worse than PTA: FSP

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The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).

FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.

He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.

Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.

He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.

The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.

Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.

Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.

“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.

He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.

“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.

Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.

He challenged the government to an open debate on the Bill.

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Shiranthi R remanded until 13 Oct.

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Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.

According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.

The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.

CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.

Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.

She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.

Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.

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Former NSB Chairman Kariyawasam granted bail

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Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.

The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.

CIABOC is continuing investigations into the alleged financial irregularities relating to the account.

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