Importance of Natural Justice: What You Need to Know
Disciplinary Action – Importance of Natural Justice in Sri Lanka
In Sri Lankan employment practice, natural justice is a key principle of a fair disciplinary process. An employee should know the allegations against them and be given a reasonable opportunity to explain, defend, and challenge the allegations before an impartial decision-maker.
Key HR Principles HR should know:
- Clearly communicate the allegations or charges to the employee.
- Give the employee reasonable time to respond.
- Conduct the inquiry impartially.
- Give the employee a fair opportunity to present their defence.
- Examine all relevant evidence before making a decision.
- Apply disciplinary rules consistently.
- Impose a proportionate punishment for established misconduct.
- Maintain complete and accurate records of the inquiry.
Sri Lankan Case Law
Nanayakkara v. Institute of Chartered Accountants of Sri Lanka — [1981] 2 Sri LR 52
The Court emphasised that, where an inquiry is required, natural justice requires the employee to know the case against them and have a fair opportunity to correct or contradict it. The inquiry should also be conducted impartially.
Karunadasa v. Unique Gem Stones Ltd. — SC Appeal No. 27/96
The Supreme Court recognised that natural justice includes proper and reasoned consideration of a person’s case. A failure to observe procedural fairness may make a decision vulnerable to judicial review.
Practical HR Message
“Discipline must be firm, but the process must be fair.”
HR should therefore treat a domestic inquiry as more than a formality. A properly conducted inquiry helps demonstrate procedural fairness and respect for natural justice.
Proper documentation, impartial decision-making, and a genuine opportunity for the employee to respond can strengthen the integrity of the disciplinary process.