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chandrashekargr   06 February 2016

Dereliction of duty

I am working as a General Manager and Report to the Honorary Secretary  in a private company which has no documented service or standing orders.

At the time of my joining an year back, I was given an offer letter on basis of which I jointed without  any appointment letter or written duties.

Now my employer is threatning action for dereliction of duty when no duties are given in writing.

Can employer initiate action under such circumstances when nothing is on record for my duties ? would appreciate replies with case laws

 

Regards

 



Learning

 5 Replies

Kumar Doab (FIN)     07 February 2016

Record all threats.

Download evidence that there is no deleriction of any duty by you.

Firm up your next venture ASAP.

 

 

 

chandrashekargr   07 February 2016

Can employer initiate action under such circumstances when no written duties are assigned

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     09 February 2016

 

1) Whether or not the duties of a General Manager, a Management representative, recorded in writing, it is normally expected to discharge all Managerial functions without being explicitly told to do.  In the absence of anything to the contrary, what an ordinary prudent reasonable General Manager in the similar circumstances would have done in the given standards will be the duty he has to perform.

 

 

2) Depending upon administrative exigencies, the Employee/ Officer has to perform his duties irrespective of time.  Even in case of a workman, though the duties stated in Work Manual are only illustrative but not exhaustive.

 

 

3) If u are standing to the above stated parameters in points 1 & 2 hereinabove as viewed/ accepted by a third party in similar position, then the duty of deriliction cannot be charged on u.

 

 

4) The Management should also point out the lapse/ irregularity in specific terms when alleging deriliction of what u should do but what u failed to do and seek ur written response.  The simple alleged threats do not serve the purpose.  But in unorganized sector, it sometimes happen, against which u should record all such facts with tangible evidences, if available for future action.

 

 

chandrashekargr   09 February 2016

Dr Katta Venkata Rama Krishna, Sir your answer is most appropriate. request clarification on last point. 

1. If an employee is assigned a duty in writing and if he fails in it, is the manager liable though the mistake is committed by an employee.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     09 February 2016

 

1) While the employee is primarily charged for his lapses/ neglihence/ alleged misconduct, the supervisor/ employer cannot absolve his liability/ responsibility except the degree of variation to the extent of his duty.

 

 

2) Doctrine of vicarious liability/ the doctrine of respondeat superior : In Latin, this translates to 'let the master answer'.  In modern times, the employer is responsible for the actions of his employees, if such actions cause injury to a party to which the employer owes a duty of answerability and compensation.

 

 


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