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Wrongful termination of employment: Global broadcaster ordered to pay Rs. 4.5 m to Lankan journo

Wrongful termination of employment: Global broadcaster ordered to pay Rs. 4.5 m to Lankan journo

02 May 2024


The local news bureau of the news and current affairs broadcasting operational business division of an England-based global broadcaster has been ordered to pay Rs. 4.5 million to foreign correspondent cum Sri Lankan journalist Azzam Ameen as compensation for wrongful termination of employment.

The Labour Tribunal of Kalutara ruled that the said broadcaster’s decision to prematurely end the contract of Ameen was ‘unreasonable and unjustifiable’. Delivering the written order on Tuesday (30 April), the Tribunal also found that the actions of the broadcaster, particularly one of its representatives, were arbitrary and high handed. Ruling against the broadcaster, the Tribunal has now ordered the British media house to pay compensation to Ameen, which amounts to Rs. 4.5 million.

The ruling comes in connection with the case filed by Ameen on the broadcaster’s decision to end his contract over a leaked, allegedly distorted voice recording of a private conversation, alleged to have been a phone call with politician Ranjan Ramanayake, being publicised on social media. The broadcaster had taken action to end the contract of Ameen based on the press statements made by the ‘Sinhale Movement’ and Viyathmaga organisations, which had questioned the integrity and independence of the said media corporation. 

Ameen’s lawyers argued that the broadcaster’s decision to prematurely terminate his contract was unjustifiable and that Ameen had not carried out any news coverage violating the broadcaster’s editorial guidelines and that he had also not conducted any interviews with the said politician during the relevant time. The Tribunal was further informed that Ameen was targeted and that his contract was terminated mainly due to the backlash that the broadcaster faced over several media reportages, specifically on the 2019 Easter Sunday attacks and the subsequent Presidential Election, which were news reports that Ameen had no connection to. Notifying the Tribunal that these articles and some world news coverage of the broadcaster had come under scrutiny of the public at this period of time, Ameen’s lawyers pointed out that the articles in question had no connection to nor any input from Ameen.

While giving evidence, the broadcaster’s representative in question also acknowledged that Ameen had no relation to the news articles that had faced the backlash and were questioned by the public, while also revealing that the articles had been authored by the broadcaster’s London based representatives.

Delivering the order, the President of the Tribunal, Alanka D. Anthony stated that the evidence placed before the Tribunal indicates that Ameen had an unblemished service record under the broadcaster for the last 10 years, adding: “The applicant has been terminated without being afforded an opportunity to show cause for the misconduct alleged.” 

The Tribunal found that the broadcaster was aware that Ameen was engaging in conversations with politicians and was doing so in performing his duties for the said media corporation. “The applicant has testified that as a journalist, he had to hold discussions with various politicians to obtain sources of information. Under cross examination, the respondent admitted that the applicant, during his employment with the broadcaster, had been covering political reporting and that a political reporter would necessarily have to tap and draw from political sources in news reporting. It is therefore clear that the applicant engaged in conversations of the said nature with politicians and that the respondent was aware that he was doing so in performing his duties under the respondent Corporation,” Anthony pointed out. The Tribunal was also satisfied with the evidence produced that Ameen had been subjected to unfair treatment by the broadcaster’s representative in question, who had accepted his mistakes, such as intruding and changing the private social media handle of Ameen, which he was later compelled to restore to its original status after the broadcaster’s higher authorities were informed in that regard. 

Although Ameen had also prayed for his reinstatement with back wages, Anthony was of the view that, as the ‘Sinhala’ service of the broadcaster where the journalist was employed had been shut down, reinstatement was neither possible nor practical. However, Anthony ordered that compensation be awarded for the unjust termination of Ameen’s employment by the broadcaster for his service spanning between 10 years from 2010 to 2020.




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