Labour Tribunal orders Canadian HC to reinstate employee

A Sri Lankan who had served at the Canadian High Commission (CHC) in Colombo for more than eight years as a driver had been terminated from service unlawfully based on his ethnicity.

Delivering a judgment in connection with a complaint made by a Sri Lankan who had served at the Canadian High Commission (CHC) in Colombo for more than eight years as a driver that he had been terminated from service unlawfully based on his ethnicity, the Labour Tribunal had ordered the CHC to reinstate the victim to his former driver position or pay a compensation of six million rupees.

The Labour Tribunal i n Colombo made this order following an ex-parte hearing into a complaint made by Lal Fernando of Udugampola, Minuwangoda.

The Labour Tribunal observed that the respondent CHC had not terminated the victim from service in a lawful or fair manner and further observed that the respondent had also failed to ensure its representation before a tribunal hearing into alleged violation of the employee’s rights.

The petitioner Lal Fernando complained he had brought many unhealthy malpractices to the notice of the CHC management in good faith and said that as a result of his long struggle, the CHC had reduced the number of working hours per week from 48 to 40 effective from May 1, 2013. He further alleged he was denied opportunities for fair earning due to his inability to speak Tamil fluently. Mr. Fernando said the CHC had ensured that he was kept out of their regular visits to the North and the East, where they met opposing political and other influential persons as they did not wish to expose their interference in Sri Lankan politics.

In his letter to the External Affairs Minister, Mr. Fernando alleged that the CHC terminated his service on July 18, 2013 to cover up their actions. He said he had criticised the CHC’s action against the State through certain activities of the CIDA and he had given written complaints to the CHC and also to State law enforcement bodies. He further alleged that his assignments to the North and East were cancelled on several occasions saying the prevailing security situation in the North and East was bad and his knowledge of Tamil was poor.

However, in their letter to Mr. Lal Fernando dated August 9 2013, the CHC had denied his allegations and said it conducted a disciplinary hearing against Mr. Fernando on allegations of inappropriate behaviour, including threatening CHC staff on two occasions on July 18, 2013.

He further alleged that his assignments to the North and East were cancelled on several occasions saying the prevailing security situation in the North and East was bad and his knowledge of Tamil was poor