Mr. Daya Perera is the head of the firm’s Employment Law Team. He is originally from Sri Lanka where he qualified as an Attorney-at-Law and worked for the Attorney General’s Department as a State Counsel and appeared both in Civil and Criminal courts. After coming to the U.K. he joined the Civil Service and later was called to the Bar in 1977 from Lincoln’s Inn. Since retiring from the Civil Service he joined Fadiga & Co as a non practising Barrister and is an Employment Law Specialist.
Daya Perera has conducted numerous cases at both the Employment Tribunal and the Employment Appeal Tribunal with much success.
His recent cases include:
CK BANDARA –V- BBC – Case no: UKEAT/0335/15/JOJ . The case involves a claim for unfair dismissal brought by the Claimant against the BBC which was dismissed by the Employment Tribunal on the on the basis of a final written warning (FWW) which was held by the Employment Tribunal to be manifestly inappropriate . However the Employment Tribunal went on to hold that the Final Written Warning could nevertheless have been considered as a warning and that the dismissal was justified. After the dismissal of his case, the Claimant instructed Fadiga and Co to take over conduct of his matter. Daya Perera appealed to the Employment Appeal Tribunal who held that a manifestly unfair Final Written Warning had to be completely disregarded and remitted the case back to the EmploymentTribunal to consider whether the dismissal was justified or not when the Final Written Warning is disregarded. At the remitted hearing the Employment Tribunal held that the dismissal was unfair and the Claimant awarded substantial damages capped at one year’s salary under current law.
DAMBAGOLLA-v-AUTOMIBILE ASSOCIATION LTD- UKEAT/0192/15/RN. In this case, the Claimant filed a case for Unfair dismissal, direct and indirect disability discrimination, discrimination arising from a disability, victimisation, and harassment against Automobile Association Ltd. He represented himself at an Employment Tribunal preliminary hearing where all claims other than Unfair dismissal were struck off. Fadiga & co took over conduct of the matter and Daya Perera represented the Claimant at the Employment Appeal Tribunal where it was held that the Employment Tribunal had erred and restored all claims and remitted the case to the Employment Tribunal for the issues to be determined after a full hearing.
PHILLIPS –v- WANDSWORTH BOROUGH COUNCIL – Case no: 2300089/2014. This case involves a claim for unfair dismissal and disability discrimination brought against Wandsworth Borough Council which the Employment Tribunal upheld both claims.
Under Daya Perera’s supervision Fadiga & Co undertakes cases on all aspects of employment law, including unfair dismissal, wrongful dismissal and discrimination. In appropriate cases the firm also undertakes cases on a No-Win-No-Fee basis.