Terminating an employee for misbehaviour
SAPNA KANNAIDAS
(Querist) 27 June 2012
This query is : Resolved
Dear all,
An employee attacked another employee in office in the presence of all, for which the management wants to terminate him. What would be the correct procedure to follow keeping in mind that the offender seems to have some political contacts and may create obstacles for the company.
Thanks in advance.
Sapna Kannaidas
M/s. Y-not legal services
(Expert) 27 June 2012
then according the terms and condition a private company can terminate it's employee. by its can be in proper way only.
-y.not legal services-
SAPNA KANNAIDAS
(Querist) 27 June 2012
Sorry, but did not understand. Can you pls clarify?
Guest
(Expert) 27 June 2012
Your questions reveals, as if the company management is afraid of the erring employee due to his political connections. That means, if no disciplinary action is taken for his offence, he can any time attack or blackmail not only the other employees, but also can make the management, as his own captive turning the management as totally handicap and at his mercy.
If he attacked on another employee, may be in the office premises, first of all you were required to lodge a police complaint for his offence. The police would have taken due action as per law. However, if it is too late get the matter investigated by appoining an investigator to investigate the matter thoroughly by taking statements of the eye-witnesses and to report the matter to the management. Based on that investigation report the competent authority should take necessary disciplinary action against the employee to terminate his services after following appropriate procedure.
adv. rajeev ( rajoo )
(Expert) 27 June 2012
Yes he can terminate from the service. Some times it depends on the management
Sudhir Kumar, Advocate
(Expert) 27 June 2012
You could have lodged police complaint but as you say he is wel lconnected cuold have manipulated the same.
However, you can issue chargesheet to him, hold inquiry as per procedure and then pass appropriate punishement. Unless you following equiry procedure and principles of natural justice then the punishment can be quashed by court.
If you take no action against he he will take the compnay for granted and would later even do more serious offences.
SAINATH DEVALLA
(Expert) 27 June 2012
The management should have atleast given him a disciplinary chargesheet so as to curtail any other employee by behaving in the same manner.
H. S. Thukral
(Expert) 27 June 2012
suspend him immediately, issue chargesheet, hold an inquiry affording the delinquent employee opportunity to defend him self and then terminate his services if proved guilty in the inquiry proceedings.
SAPNA KANNAIDAS
(Querist) 28 June 2012
Pls confirm whether the following procedure would be correct:
1. Issuing chargesheet and demanding an explanation.
2. Issue a suspension letter, saying the reply is not satisfactory.
3. Appointing an inquiry officer (is the officer to be appointed with the consent of the offender?)
4. Inquiry officer will submit a report to the management alongwith the statement of the witnesses to the incident.
5. Management will give its decision.
Pls advise if the procedure is correct....
Thanks in advance.
Sapna Kannaidas
Guest
(Expert) 28 June 2012
Dear Sapna,
The process of disciplinary proceedings is not so simple and straight. it is a time consuming and complicated process, which cannot be handled by mere casual & free consultancy. Even otherwise also, when you have stated that the employee has the political influence, you would need to take all necessary precautions to prepare a foolproof case against him, so that the same may not bounce back against the management due to any legal lacuna.
When your company can very well hire services of the experienced service law experts in disiplinary matters, it is not understood why such a casual approach is preferred by you?
Better take appropriate help by hiring services of some expert to solve your company's ticklish problem.
Guest
(Expert) 28 June 2012
Dear Sapna,
The process of disciplinary proceedings is not so simple and straight. it is a time consuming and complicated process, which cannot be handled by mere casual & free consultancy. Even otherwise also, when you have stated that the employee has the political influence, you would need to take all necessary precautions to prepare a foolproof case against him, so that the same may not bounce back against the management due to any legal lacuna.
When your company can very well hire services of the experienced service law experts in disiplinary matters, it is not understood why such a casual approach is preferred by you?
Better take appropriate help by hiring services of some expert to solve your company's ticklish problem.
H. S. Thukral
(Expert) 29 June 2012
suspension can be before or after issuing the charge sheet. The inquiry officer should be unbiased and independent person. Prefer a qualified outsider. The inquiry should be conducted with the principles of natural justice giving full opportunity to the offending employee. After inquiry officer submits its report and if it proves the guilt of the employee, issue a show cause notice as to why the action should not be taken and considering the reply action could be taken.
K.K.Ganguly
(Expert) 01 July 2012
Conduct Disciplinary Proceedings against the employee as per service conduct rule of the Company, viz.,
1) Call explanation from him,
2) Not being satisfied with explanation, issue charge sheet and conduct enquiry proceedings duly engaging enquiry officer & presenting officer,
3) After the enquiry is over, the EO will submit his findings,
4) Based on the findings of EO, take action.
