09 · Workplace Disputes & Compliance

    Labour & Employment Law

    Employment disputes, dismissal, workplace conduct issues, and compliance advice for employers and employees.

    AdvisoryArea 09 of 13

    II · Overview

    How we approach law.

    AW Chambers advises and represents clients in labour and employment matters where process, records, and timing often determine the strength of the position taken.

    Sri Lankan employment law is statutory rather than contractual in its centre of gravity, and the statute that governs most terminations is the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971. Where TEWA applies, an employer generally cannot terminate a qualifying worker without either the worker's consent or the prior written approval of the Commissioner General of Labour. Employers who assume notice and severance are enough are regularly caught by it.

    Disciplinary dismissals sit outside that requirement but inside a different discipline: a fair reason, a properly constituted inquiry, and a record that shows both. Applications then run to the Labour Tribunal under the Industrial Disputes Act No. 43 of 1950, which may order reinstatement or compensation on what is just and equitable, with appeal to the High Court.

    Around those two frameworks sit the day-to-day compliance obligations — the Shop and Office Employees Act on hours, holidays and overtime, EPF and ETF contributions, maternity benefits, and workmen's compensation. Most disputes the chambers sees began as a record-keeping problem before they became a legal one.

    Whether acting for employers or affected individuals, the emphasis is on procedural fairness, disciplined documentation, and practical outcomes.

    III · Index of Services

    What we handle.

    01

    Termination approval applications under TEWA

    02

    Labour Tribunal applications and defence

    03

    Wrongful and constructive dismissal claims

    04

    Disciplinary inquiries and domestic inquiry procedure

    05

    Redundancy and restructuring advice

    06

    Employment contracts and workplace policies

    07

    Shop and Office Employees Act compliance

    08

    EPF and ETF contribution disputes

    09

    Maternity benefits and statutory leave

    10

    Workmen's compensation claims

    11

    Workplace harassment and grievance procedures

    12

    Industrial disputes and collective agreements

    13

    Appeals from the Labour Tribunal to the High Court

    IV · Representations

    We have acted for those who require discretion.

    ·

    Employers

    ·

    Senior employees

    ·

    Operational staff

    ·

    Businesses managing workplace risk

    ·

    Trade unions

    ·

    Foreign employers engaging local staff

    VI · Common Questions

    Questions we are often asked.

    Where are employment disputes decided in Sri Lanka?
    Depending on the claim, matters are heard in the Labour Tribunal, the Magistrate's Court, or the District Court. The Labour Tribunal deals with termination and related relief, and its decisions can be appealed.
    What is required for a lawful dismissal?
    A fair reason and a fair procedure. Proper inquiry, notice, and records matter, and dismissals that skip these steps are frequently overturned or lead to an award of compensation.
    Do you act for both employers and employees?
    Yes. The chambers advises employers on discipline, policies, and compliance, and represents employees in termination and workplace disputes.
    When does TEWA approval have to be obtained before terminating?
    The Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 applies to non-disciplinary terminations at qualifying employers, and where it applies the employer needs either the worker's written consent or the prior approval of the Commissioner General of Labour. Terminating first and seeking approval afterwards is not a route the Act provides for.
    How long does a Labour Tribunal application take?
    It varies with the tribunal and the evidence, and matters are frequently resolved by settlement before a full order. The application is subject to a time limit running from termination, so the binding constraint is usually filing in time, not the hearing timetable.

    AW

    VII · Engage Counsel

    Discuss your matter.

    Conversations with the Chambers are confidential. We respond within one working day.

    Memberships & Standing

    Professional memberships and affiliations maintained by AW Chambers.

    Bar Association of Sri Lanka logo

    Bar Association of Sri Lanka

    CLS

    Colombo Law Society

    Chartered Institute of Arbitrators logo

    Chartered Institute of Arbitrators

    Commonwealth Lawyers Association logo

    Commonwealth Lawyers Association