An Employer’s Rage

By Nirmala Kannangara

The physical abuse of employees was an issue spotlighted last year, with several domestic aides in the Middle East complaining of maltreatment. Since then, several employees have come forward to tell their sad tales.
Once again a shocking case of physical assault has come to the notice of The Sunday Leader, and this one hits much closer to home.
Ajith Kumara, a driver by profession, claims he was mercilessly beaten by his employer — a man he had worked for, for 17 years.

Kumara’s former employer is a successful businessman. Niral Dasarath Kadawatharachchi is Chairman of Freight Link International and Navarick Securities. He was former Chairman of the Sri Lankan Freight Forwarders Association.
What’s more, this is not the first time Kadawatharachchi has gotten violent, according to Kumara. He claims that his ex employer assaulted many other senior employees at Freight Link International. Currently, there are three labour tribunal cases pending against him, Kumara said. The beating allegedly took place on June 24 last year. The reason for the attack? A traumatised Kumara claimed it was his failure to bring back Kadawatharachchi’s Mercedes Benz from DIMO, where it was undergoing repairs, that set his boss off.

The Attack
Recounting the events of that fateful day, Kumara said he was driving Kadawatharachchi’s wife’s car, and had not been told to collect the Benz. He claimed another driver had been given that job. However that evening his boss had called, angrily saying Kumara was not following instructions. Kumara had then picked up the car. But apparently, Kadawatharachchi was not mollified.
“Around 9 pm, my boss came at me from behind and started hitting me with a wooden club. I ran into the driver’s quarters and took refuge in the washroom. Breaking the partitions he entered the washroom and assaulted me mercilessly, causing me multiple injuries,” said Kumara.
Kumara said he received severe blows to his spine, back, head and forehead during the vicious assault.
“I tried to escape from him, running to the gate to get back home. He chased me and smashed my motorcycle. There was no other option left but for me to leave it behind. Aching from the blows, I went to a friend’s house and called ‘119’, Kumara said.
Following the instructions of the emergency police, Kumara went to the Thalangama police to lodge a complaint.

Twisting Words
However, it fell on deaf ears. Kumara went to OIC Dassanayake, a police official he knew through his boss. Dassanayake listened to Kumara’s tale of woe and asked a constable to take down his complaint. Then Kadawatharachchi walked in. Instantly, Dassanayake told the constable to stop recording Kumara’s complaint and take down Kadawatharachchi’s instead.
“The OIC then came and slapped me several times on my cheeks and ears for being disobedient to my boss,” Kumara alleged.
According to Kumara, the Thalangama police in general and OIC Dassanayake in particular were biased towards Kadawatharachchi.
“Twisting the whole episode, I overheard my boss accusing me of stealing a gold chain worth Rs.20, 000. He said that it was I who started the brawl when he tried to prevent me pulling the chain,” added Kumara. Due to his multiple injuries, Kumara was admitted to the Koswatte hospital for one and a half days. He was later transferred to the Accident Ward at the National Hospital, Colombo, where he stayed for a week. Not to be intimidated, Kumara filed a court case against his employer at the Magistrate’s Court in Kaduwela (case no: B 6383). He even lodged a complaint against the Thalangama OIC with the Human Rights Commission.
“The police has not reported the facts of the incident, nor done justice to the aggrieved party,” Kumara’s Attorney Wishwa Gunaratne said.
He added that they would not be taking action against the OIC of Thalangama as it would be detrimental to Kumara. “The police or the army have power and could harass anyone that goes against them. As a lawyer I have to look after my client,” Attorney Gunaratne told The Sunday Leader.

Denies All Knowledge
When Kadawatharachchi was contacted for a comment he refuted the allegations and said that he knew nothing about a court case filed against him, before abruptly disconnecting the call.
However, Attorney Gunaratne confirmed to The Sunday Leader that a case is pending against Kadawatharachchi for assaulting his former driver. He added that the employer had appeared before the Kaduwela Magistrate Court  several times for the case. He had even filed a case against Kumara (case no: 6382) at the same court, Gunaratne said. “Although the accused is trying to defend himself by claiming he had to assault Kumara to defend himself, he has so far failed to prove that he received physical injuries,” he added.