DELEGATION OF THE EUROPEAN UNION TO SRI LANKA AND THE MALDIVES

DELEGATION OF THE EUROPEAN UNION TO SRI LANKA AND THE MALDIVES

Vs.

PRESIDENT OF THE LABOUR TRIBUNAL AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA,J.
CA/WRIT/229/2015

Writ of certiorari-Diplomatic Privileges Act, No; 9 of 1996, sections 2(3), 4-Diplomatic immunity-Waiver of diplomatic immunity-Prerequisites to go before local courts

The petitioner employer filed this application seeking to quash by way of writ of certiorari the order made by the 1st respondent Labour Tribunal

whereby the petitioner was directed to pay compensation to the 2nd respondent employee on the basis that the termination of the services of the latter was unjustifiable, and to prohibit the 1st and the 2nd respondents by way of writ of prohibition from taking further steps on the said order. The 1st respondent made the impugned order predominantly on the basis that the petitioner has waived off the diplomatic immunity in terms of section 2(3) of the Act.

Held:

1. The waiver cannot be presumed. The party alleging waiver of diplomatic immunity shall prove that the other party with full knowledge of his right abandoned it either expres

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