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archana   09 August 2016

Termination for highlighting security lapse by my supervisor

Dear All,

Just wanted your opinion. I work for an International school as an administrator and once i was back from my leave was genrally cross checking all the security registers and school documents pertaining to my job and happened to notice that there was a security lapse by my supervisor. she had got a guy into the campus and ahd sent the maids home early and there were vendors at work. she had ordered lunch at the campus for herself and the guy. We being an educational isntitution follow very strick policy of no men allowed inside the campus and morever she has personally recived him at the gate as per CCTV and no entry was made in the security register which is ideally a must for any male entering the campus. I generally wrote an email to my supervisor asking for clarification of the guest and security lapses. I was accused for making personal insinuations.The Head of school calls me and first praises me for my good work and then claims i am not supposed to be writing such emails and ned to sort all issues over the phone. Then in the evening she send me a termination notice on immdiete basis because i suspected my superviors actions and caliber and its a case of insobordination. Later they barge into may comnpany email through the IT department and have deleted all my mails pertaining to that day.But i ahve a copy of the mail and all the conversations have been recorded on my mobile.

Please suggest if i can sue the company for clear case of deformation.



Learning

 26 Replies

Kumar Doab (FIN)     09 August 2016

Hope you have got the copy of policy in place also.

Relate and reply to the termination order and request to call it back. You can narrate the meeting with Head of School and that no issue alleged in termination order was pointed in the meeting and that your work  was appreciated.

 

Preferably consult a very able counsel specializing in servcie matters with all dcos on record and let your counsel opine on options, remedies,merits.

Termination shall remain in your personnel file.

Your counsel may opine that you can claim damages.

 

 

Kumar Doab (FIN)     25 August 2016

Repeated at:

https://www.lawyersclubindia.com/forum/Illegal-termination-141332.asp

archana   26 August 2016

Dear Sir,

Thanks for your reply, just wanted to know if i can file a case as i have accepted my termination on email as was worried they may trap me in some cash transactions as was handling cash.

Kumar Doab (FIN)     26 August 2016

You have posted that you have irrefutable evidence to establish that you were terminated on the fabricated charges of insubordination.

Consult a very able counsel specializing in servcie matters with all dcos on record and let your counsel opine on options, remedies,merits and limitations as thought of by you.

archana   09 September 2016

Dear Sir,

I have sent my company a legal notice for illegal termination and i accepted the same under pressure, and to respond within 7 days highlighting all the incidents happened and asking for compensation. its been close to 7 days they still ahve not responded to the notice. What could be the reason .What should be my next step.

 

Regards

 

Kumar Doab (FIN)     09 September 2016

If you have consulted a very able counsel specializing in labor/service matters then your counsel must have assessed your designation and nature of duties  and advised on the forum that you can approach.

 

Usually 7days are given for the disptach and delivery.

 

Your counsel that has examined all docs and facts can advise you the best.

 

 

 

Ritesh Maity (Labour Law Advocate)     09 September 2016

In your notice (which you have sent) you should have asked for reinstatement first. If you have asked for compensation, that can mean you have accepted the termination. But without seeing the actual content of the letter it is difficult to advice. Since you have already engaged a lawyer I hope there is nothing to worry about.

If the school do not respond within reasonable time, raise the matter before Labour Commissioner and then file a case in the labour court seeking reinstatement and backwages (provided that you are a 'workman' under the ID Act)

1 Like

Kumar Doab (FIN)     11 September 2016

You may prefer to consult and  engage a very able counsel specializing in labor/service matters.

1 Like

archana   11 September 2016

Dear Sir,

Thanks for your replies. yes i have consulted one of the most senior lawyers in bangalore.I dint ask for reinstatement because i had accepted the terminartion fearing they may trouble me in different way as  i was handling cash as well and i had the safe keys. But they have spread wrong about me to all other staff and they refused to give my 2 months pay as per norms and any relieving letters. I am unable to apply elsewhere and i had a friend of mine who works as a consultant and when she called my supervisor for feedback on me she has told her that i was terminated for bybassing the hirachy, which was false.

My designation was a manager position with a take home salary of 43000/ per month not sure if i fall into ID act.

 

Thanks

Regards

Kumar Doab (FIN)     11 September 2016

Your counsel can opine if you are covered by ID Act, Shops & Estbs Act or not!

archana   15 September 2016

Dear Sir as i was working in an international school , do school employees follow under a diiferent act. Kindly confirm or can i approach a labor commisioner in bangalore.

 

Thanks

Archana

Kumar Doab (FIN)     15 September 2016

Indian laws shall apply.

Your counsel can opine after examining your  nature of duties the appropriate forum that you can approach.

 

archana   28 January 2017

HI Sir,

Sorry for delay in my reply. yes we have asked for reinstatement in the legal notice, know the case is in labour court. Just wanted a clarification on if i come under workmen under ID act . MY designation shows manager grade 2 but my nature of work had nothing to do with hiring , or decision making or there was no body reporting to me as such. But my salary take home was Rs 42000/ kindly suggest if i still come under the workmen under ID act

archana   28 January 2017

Dear Sir,

Also please confirm if my audio recordings of conversation with Head of school / Security director / and HR will serve as evidence under section 65B will it be accepted. 

 

Thanks

Archana


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