NATION

Land Transport Authority Ordered To Reinstate Worker And Pay Lost Wages

Resident Magistrate Indula Ratnayake also ordered the LTA to reimburse Rajesh Narayan of two years of wages that he lost as a result of the employee grievance.
21 Jan 2020 16:22
Land Transport Authority Ordered To Reinstate Worker And Pay Lost Wages
Rajesh Narayan will be reimbursed two years of wages and an additional six months wages as compensation for his unlawful termination by the Land Transport Authority.

The Employment Relations Tribunal has given the Land Transport Authority (LTA) 28 days to reinstate an employee who was earlier terminated.

Resident Magistrate Indula Ratnayake also ordered the LTA to reimburse Rajesh Narayan of two years of wages that he lost as a result of the employee grievance.

The LTA was further ordered to pay Mr Narayan an additional six months’ wages as compensation for humiliation, loss of dignity and injury to his feelings.

Mr Narayan’s job was terminated by the National Road and Safety Council in 2009.

He challenged the termination through his lawyer, Damodaran Nair, in the Employment Relations Tribunal.

In 2018, the Tribunal ruled that Mr Narayan should be reinstated and his wages of two years reinstated. The LTA did not carry out the order. Mr Nair then applied for a compliance order to the Tribunal.

The LTA had contended that Mr Narayan did not apply to substitute LTA and the employer in the Tribunal and failed to serve it with a notice of hearing.

It argued that the ground of this matter originated in the Tribunal against the council. Therefore a compliance order could not be sought against the LTA without formally substituting LTA as the employer in the proceedings.

Mr Ratnayake said according to the scheme of the merger as set out in Section 6 (2) of the Decree, all liabilities of the council were vested in LTA.

“The rights, interests, obligations and liabilities of the National Road Safety Council lawfully existing before this Decree under any contract or instrument or in law or in equity, apart from any contract or instrument, shall by virtue of this Decree, be assigned to and vested in the Authority,” he said.

Mr Ratnayake said this grievance, which was pending in the Tribunal in 2010, existed as a contingent of the council at the time of the merge. By operation of Section 6 (2) of the Decree, this liability was assigned to and vested in the LTA.

Moreover, the LTA had informed Mr Narayan by letter that it would abide by the final determination in this case.

Edited by Ivamere Nataro

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