Sri Lankan Airlines Limited Vs P.R.S.E. Corea (S.C. Appeal No. 91/2017)
The Supreme Court by its decision dated 2nd February 2024 highlighted the importance of employers being unyielding towards sexual harassment both in the private and public sectors.
The case involved a senior flight steward (Respondent) accused of engaging in inappropriate behavior towards a fellow flight stewardess, identified as ‘X’. The alleged misconduct included instances where the Respondent hugged, kissed, and made suggestive gestures towards X, leading to the tarnishing of the reputation of Sri Lankan Airlines (‘SLA’).
Following a disciplinary inquiry, the Respondent was dismissed from his position by SLA. The Respondent contested the decision before the Labor Tribunal. X did not at the hearing give evidence in person or produce affidavit evidence, having on record only the written complaint filed with SLA. Whilst, recognizing the distress suffered by X, both the Labor Tribunal and the Negombo High Court in appeal, ruled in favor of the Respondent, citing that punishment in the form of ‘termination’ was disproportionate compared to similar cases involving other employees at SLA.
The Supreme Court dissenting from this view, drawing on legal precedents such as the UK case of Kay v. Cheadle Royal Healthcare Ltd. [Appeal No. UKEAT/0060/11/CEA, Decided on: 12.09.2011] and local cases The General Manager, Ceylon Electricity Board & Another v. Gunapala [(1991) 1 S.L.R. 304] and Ceylon Transport Board v. Samastha Lanka Motor Sevaka Samithiya (65 NLR 566), emphasized that termination is justified, irrespective of punishments meted out to other employees for similar transgressions in the past.
The Court highlighted Sri Lanka’s commitment to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), underlining the employer’s duty to provide a safe and supportive work environment; emphasizing the significance of employers’ obligations as outlined in a previous Judgment in Brandix Apparel Solutions Limited v. Fernando [S.C. Appeal 60/2018, S.C.M 05.05.2022], emphasizing that sexual harassment not only violates the law but also undermines workplace productivity and morale.
The constitutional protections ensuring every worker’s right to a workplace free from harassment, as enshrined in Article 14 (1) (g) of the Sri Lankan Constitution were also re-iterated.
This Judgment sends a resounding message to employers: the eradication of sexual harassment is not only a legal obligation but an imperative essential for fostering a conducive and dignified work environment and should not be swept under the carpet based on how such misconduct had been dealt with by employers in the past. Noteworthy is also, that the Judgment is acknowledging of the challenges and sensitivities victims may face in giving evidence in cases of alleged sexual harassment, by holding in favor of the complainant even without her (X) formal evidence at the hearing.
For further information, please contact:
Manjula Sirimane, Partner, D.L.&F. De Saram.
desaram@desaram.com
