THE BRITISH HIGH COMMISSION VS. JANSEN

THE BRITISH HIGH COMMISSION VS. JANSEN

SUPREME COURT
MOHAN PEIRIS, PC. CJ.
DEP. PC. J.
SC 99/2012
SCHCCALA 38/2012
HCALT 118/10
CT8/425/2010
MAY 14, 2013

Workman employed at the British High Commission - Services terminated -Does the Labour tribunal have jurisdiction? Diplomatic Privileges Act 1996 - Public International Law - sovereign immunity - Restricted immunity - Absolute Immunity ? Waiver of Immunity par in parent not habet imperium -jure imperii and jure gestionis.

The Applicant Respondent was employed as a Security Assistant as a permanent employee in the British High Commission. His services were terminated for alleged misconduct. The Applicant Respondent filed an application in the Labour Tribunal seeking relief against the alleged unlawful termination of his services.

At the Labour Tribunal, the Applicant British High Commission contended that Sri Lankan Laws do not apply to it- claiming state immunity (not diplomatic immunity). The Applicant Respondent contended that the contract of employment stipulates that the employees were subject to Sri Lankan Labour Laws: Although the Appellant filed answer it did not par

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