A female employee attached to Fonterra Brands Lanka (Pvt) Ltd. has sent a Letter of Demand to the Company claiming Rs.1000 million as damages for terminating her employment under the false claim of redundancy.
This Letter of Demand has been sent through Attorney-at-law G.G. Arulpragasam urging the Company to pay the damages within 14 days. It has warned that legal action will be instituted if the money is not paid during this time period.
Arulpragasam said his client ShayanaSeneviratne joined this company at the age of 24 in the employment category of ‘Assistant Brand Manager’ in terms of the letter of appointment dated June 2011 with effect from 6th July 2011. Thereafter she was promoted to ‘Brand Manager’ with effect from October 2013.
Thereafter she was promoted to ‘Global Brand Manager’ and took office in Singapore for and on behalf of the Company with effect from 1st of ApriI 2016 till August 2017. Once again she was promoted to the position of ‘Category Manager’ of the Company with effect from September 2017.
Mr. Arulpragasam said his client had an excellent service record at the Company and was regularly promoted and granted increments and other incentives according to her performance.
My client was in fact duly promoted every two years and would have been duly promoted in October 2019 to the position of ‘Marketing Manager’ and October 2021 as ‘Associate Director’, the Letter of Demand said.
Mr. Arulpragasam said he has been instructed by his client to state that the Company has unlawfully and maliciously and in breach of duty to his client treated her as redundant with effect from the 20th of June 2019.
The Letter of Demand states that on or around 30th May 2019, Fonterra Brands Lanka (Pvt) Ltd. lodged a complaint against the employee with the Commissioner of Labour under Section 02 of the Termination of Employment of Workmen Act under the false claim of redundancy.
It further states when the inquiry regarding the said complaint was taken up, the company has and deliberately made an attempt to fabricate evidence against the employee.
“I have been instructed by my client to state that whilst the said inquiry was pending, upon realizing that the complaint against my client cannot be sustained and proved your company was reluctantly compelled to withdraw the said complaint by letter dated 06th of May 2021. I have been instructed by my client to state furthermore that by letter dated 10th of May 2021, my client was informed by your company that she is to report back to work, with effect from 01st of June 2021,” Arulpragasam said.
Arulpragasam further said the false and unwarranted accusations made against his client by the Company in the letter dated 06th of May 2021 has been denied and replied by my client through her letter dated 16th of May 2021 and in the said letter his client has set out precisely and in detail of the harassment, agony, embarrassment, trauma and pain of mind which his client had to undergo for the last two years.
He further stated that the Company allegedlyfabricated evidence to justify the mala fide and false claim of redundancy.
He said company allagedly gave false and malicious evidence before Commissioner General of Labour against his client.
The lawyer further alleged the Company has acted in breach of the contract between his client and the Company.
I have been further instructed by my client to state that in terms of law your company invited my client to resume work at your Company. However, Your Company has not duly and properly permitted her to resume work in the manner she should have been entitled to. I have been specifically instructed by my client to state that my client has suffered grave harm, injury, trauma, pain of mind and damages to her name and reputation, character and credibility and my client estimates the damages suffered by her at LKR one billion, the Letter of Demand added.
