PBS KUMAR (HR - PROFESSIONAL) 26 November 2009

DISCIPLANARY ACTION AGAINST LEFT SERVICE EMPLOYEE

Dear Friends,

I am working as Manager-HR in a reputed firm. My employer has ordered me to publish a notice in the news papaers one of Marketing guy has left the organisation and made bad propganda against the company. But there is no proper evidence that he made such mistake. For this the management is publishing a notice stating that the employee is left the organisation and no way concern like that. But under signed they may put Manager-Hr name. The guy who left the organisation is high cadre and very honest while he is with us.

My question is weather this practice is correct or not. Whose name should be Under signed . If the employee put a case against the undersinged or on Management what kind of action should be.

Please guide me in this plight.

Regards,

PBS KUMAR

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5 Replies

H. S. Thukral (Lawyer) 26 November 2009

Publishing a notice in the media that a particular employee is no more in the employment of the employer and has no responsibility to deal with any one on behalf of the employer does not harm reputation of the person so proceeded against. But imputing unsubstantiated allegations would tarnish the image of person and he can proceed against the employer in civil and criminal law. As far as your role is concerned, ensure that such a notice is issued for and on behalf of the employer.

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Tapan Amoria (Manager H.R.) 28 November 2009

Dear PBS Kumar

I fully agree with Mr. Harbhajn Singh.

As a H.R. Manager it is your Duty to inform the top Management that it is not legally safe to put unsubstantiated allegations. However as pointed by Mr. Harbhajn Singh it perfectly all right if you give the public notice that Mr. so and so has left the organization and has no connection what so ever with the company now, it will protect the company from any fraud or false commitment made by this person on behalf of the company

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Dhiren Akbari (advocate) 05 December 2009

fully agree with above opinions. just giving a public notice informing public about disassociation is not a defamatory itself and does not give rise to any cause of action provided no other allegation is made in that notice agaist that person.

1 Like

aman kumar (SUPERVISER) 14 December 2009

it is a legal responciblity to Publishing a notice in the media that a particular employee is no more in the employment of the employer and has no responsibility . But imputing unsubstantiated allegations would tarnish the image of person and he can proceed against the employer in civil and criminal law. As far as your role is concerned, ensure that such a notice is issued for and on behalf of the company not you