Former Emerchemie employee gets compensation

The basis of the Application made by the Employer - Emerchemie was that the employee had been diagnosed with spinal tuberculosis and had not reported for work but submitted a medical certificate, court officials said.

Emerchemie NB (Ceylon) Ltd recently made an application to the Commissioner of Labour under the Termination Employment Special Provisions Act seeking permission to terminate the services of R.L.H.Adams who was working as a Logistics assistant.

The basis of the application made by the Employer - Emerchemie was that the employee had been diagnosed with spinal tuberculosis and had not reported for work but submitted a medical certificate, court officials said.

The written approval of the Commissioner was then sought to terminate the services of Mrs. Adams on grounds of incapacity.

It was submitted at the inquiry by lawyers on behalf of Mrs. Adams that she had been ill with Spinal Tuberculosis and had thereafter reported for duty as she was able to perform her normal duties.

It was also submitted on behalf of the workman at the time she fell ill she was holding the post of Assistant to the Managing Director at the head office.

It was further submitted to the Commissioner that upon her return to work after recovering from this illness the company without any reasons acting arbitrarily transferred her from the Head Office to the stores as Logistics Assistant. It was also brought to the notice of the Commissioner that she was not even provided with a room to perform her duties and that the place to which she was transferred was an unhealthy environment full of dust and dirt. It was also submitted to the Commissioner that the stores to which she had been transferred had reactivated her illness.

The employer while accepting the fact that the medical certificates were duly submitted stated that due to the frequent absence of the employee that it had been impossible to fulfil the contractual obligations.

Further it was submitted that Mrs. Adams had been employed in the company since 1982, and after discussions and an inquiry held before the Assistant Commissioner of Labour, Termination Unit a settlement was arrived at whereby the company paid a sum of Rs 3 million as compensation to Mrs.Adams on the application made by the company, seeking the Commissioner’s approval to terminate the services of Mrs. Adams.

C. Liyanapatabendi – Attorney-at-Law, appeared for Emerchemie NB (Ceylon) Ltd while Suren Peiris – Attorney-at-Law appeared for Mrs.Adams.