Termination of an employee

Querist : Anonymous (Querist) 16 July 2011 This query is : Resolved
Dear Sir,

Facts of the case: An employee of a bank with status of Manager (Management Trainee) was terminated for passage of password to his colleague in the same department. The password was passed for the purpose of gaining attendance for 5 extra days as the bank gave only 5 days leave which was not sufficient as he was appearing for an exam which the bank knows and the intention was never to misuse the password.

The colleague also didn't misuse the password for any other purpose than getting the attendance. The employee was terminated with a letter of "loss of confidence".

Query: 1. Could the bank have given a warning and left the issue or is the termination justifiable?
2. If, the aggrieved desires to approach law what are the remedies available to him?

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Out of Court (Expert) 16 July 2011
though an employer can fire an employee and prima facie u r guilty, however u can aproach HC wth writ to try ur luck for lesser severe punishment othr than final termination...

Isaac Gabriel (Expert) 17 July 2011
It is dispropotionate punishment.You can appeal to the appellate authority before invoking the writ jurisdiction.

Out of Court (Expert) 17 July 2011
I would like to interfere once again as it is not a dispropotionate punisheent !! As per SC rulings an eployer can fire any employee even for a single day absence without leave ... further herein the instant case the "absence without leave " is also supplemented with malafide misconduct ... I think the employer is right .. however way is always open to approach with writ for less sever punishment if HC Considers ...

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