A former manager in the Human Resources Unit of the Education Ministry has been ordered to pay $5,000 to the ministry’s permanent secretary following a legal dispute regarding his dismissal due to allegations of sexual harassment. This case, which reached the Appellate Court, involved an appeal from the permanent secretary after the High Court previously granted Arvind Kumar leave to pursue a judicial review regarding his termination.
The controversy began in September 2019 when the Education Ministry received a complaint against Mr. Kumar alleging inappropriate behavior. In the wake of the complaint, he was suspended with full pay, and an investigation was launched requiring his cooperation. In his defense, Mr. Kumar contended that the allegations were fabricated by individuals facing disciplinary actions within the ministry, motivated by a desire to tarnish his reputation rather than addressing any real misconduct. He maintained that interactions among staff were generally amicable and that he had simply been fulfilling his role of correcting inappropriate behavior among employees.
On April 9, 2020, Mr. Kumar filed an application with the High Court seeking judicial review to challenge the decision of his dismissal and requested reinstatement. The High Court initially granted him leave to proceed, suggesting that he had presented an arguable case that warranted further examination.
However, upon hearing the appeal, the Appellate Court, comprising Justices Chandana Prematilaka, Walton Morgan, and Pamela Andrews, determined that Mr. Kumar had not established a sufficient basis for judicial review. They concluded that the High Court had made an error in its findings regarding the availability of judicial review for his case, stating that there was no adequate alternative to this process.
In a decisive ruling on November 28, the Appellate Court allowed the appeal and ordered that the previous High Court decision be set aside, reinstating the permanent secretary’s original decisions in the matter. This ruling highlights the ongoing complexities and challenges surrounding workplace conduct and legal recourse in employment disputes.
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