Disciplinary Inquiry Steps for Sri Lankan Employers
Dismissal for misconduct sits outside the Termination of Employment of Workmen (Special Provisions) Act. It needs a charge, a chance to reply and reasons.
On this page
- Misconduct sits outside TEWA
- Misconduct or poor performance: the label must be true
- The Labour Tribunal can still hear the case
- The fair procedure the law expects
- What the law does not settle
- Records to keep
- Frequently asked questions
- Do I need the Commissioner's approval to dismiss someone for misconduct?
- How long does an employee have to apply to a Labour Tribunal?
- Can I suspend an employee on pay while I run the inquiry?
- What if the employee resigns while the inquiry is still running?
- Does a repeat offence change what I have to do?
- What can a Labour Tribunal order?
Dismissal for misconduct is a disciplinary reason. The Termination of Employment of Workmen (Special Provisions) Act (TEWA) does not cover it, so its consent-or-approval rule does not apply. You still need a clear charge, a real chance for the employee to answer, an inquiry, and a written decision. Any dismissed workman (the Act’s word for an employee it covers) can still take the case to a Labour Tribunal, whatever your size. This sits inside the wider map in labour law in Sri Lanka, the employer’s map of every Act.
Misconduct sits outside TEWA
The Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 (TEWA) needs the workman’s prior written consent, or the Commissioner General of Labour’s prior written approval, before you end their job. That rule covers termination for any reason except a disciplinary one, including non-employment and closing the business. It needs all three of these to be true: the employment is scheduled employment; the employer had, on average, 15 or more workmen over the six months before the month of termination; and the workman has been employed by that employer for 180 days or more.
Dismissal for misconduct is different. An employee dismissed as a disciplinary punishment cannot apply for relief under TEWA at all. You do not need the Commissioner’s approval first.
Misconduct or poor performance: the label must be true
Calling a dismissal “disciplinary” does not make it one. If the real reason is poor performance rather than misconduct, TEWA’s consent-or-approval rule can still apply. TEWA does not define “misconduct,” and it does not say where a mixed case falls. Ask the Labour Department or a labour lawyer before you rely on the disciplinary route in a borderline case.
A probationer is not a different category here. What counts is days actually worked, not the word “probation”. See how long probation lasts and how to end it for how the 180-day count works.
The Labour Tribunal can still hear the case
Whatever the reason, a dismissed workman may apply to a Labour Tribunal. So can their trade union, on their behalf. The application must be in writing, within six months of the termination. This applies whatever your size. The tribunal can order reinstatement, back wages, or compensation instead of reinstatement. At an employer with fewer than 15 workmen on any day in the 12 months before the termination, it can also decide gratuity. See what happens at a Labour Tribunal case for how a tribunal case actually runs.
The fair procedure the law expects
No single Act sets out numbered steps for a disciplinary inquiry. This comes mainly from Labour Tribunal case law on natural justice, and from long employer practice, not one written procedure. The four steps are:
| Step | What it means |
|---|---|
| Charge sheet | Written notice of the specific allegation, given to the employee. |
| Chance to explain | The employee answers before you decide anything. |
| Inquiry | You hear both sides and keep a record of what was said. |
| Written reasons | A written decision, given to the employee. |
These are the shape of a fair process. The words you use in your own charge sheet and decision letter are not fixed by law. A warning is a separate, lighter step, not part of this inquiry — see what a warning letter should contain.
What the law does not settle
No Act or official source answers these points. Where they matter to your case, ask the Labour Department or a labour lawyer:
- Whether you can suspend someone on pay while the inquiry runs.
- What happens to an inquiry if the employee resigns before it finishes.
- Whether a repeat offence changes what procedure counts as fair, or what penalty is allowed.
- Exactly who should sit on the inquiry, or how it should be recorded.
Records to keep
Keep the charge sheet, the inquiry notes and the written outcome while the employment lasts. Keep them longer if a claim could still be brought. No Act sets a fixed number of years for this file. See what employee records to keep and for how long for the fuller picture. See notice periods in Sri Lanka for the related notice rules.
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This is general guidance, not legal advice. For a real case, speak to a labour lawyer or the Labour Department.
Frequently asked questions
Do I need the Commissioner’s approval to dismiss someone for misconduct?
No. TEWA’s consent-or-approval rule covers non-disciplinary termination. A dismissal for misconduct is a disciplinary reason and sits outside it.
How long does an employee have to apply to a Labour Tribunal?
Six months from the date the employment ended, under s.31B of the Industrial Disputes Act.
Can I suspend an employee on pay while I run the inquiry?
TEWA does not say. Ask the Labour Department or a labour lawyer before deciding.
What if the employee resigns while the inquiry is still running?
TEWA does not say. Ask the Labour Department or a labour lawyer.
Does a repeat offence change what I have to do?
No Act or official source sets out a different procedure or penalty for a repeat offence. Ask a labour lawyer if this applies to your case.
What can a Labour Tribunal order?
Reinstatement, back wages, or compensation instead of reinstatement. At an employer with fewer than 15 workmen on any day in the 12 months before the termination, it can also rule on gratuity.
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