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Ritu Pandey   08 September 2024

Illegal termination

Shreya, an employee at a private company for over three years, was unexpectedly dismissed from her position as a project coordinator. The dismissal came via a brief email, which stated that her services were no longer required. The email provided no specific reasons for her termination and did not offer Shreya any opportunity to discuss the matter or defend herself. Throughout her tenure, Shreya had received positive performance reviews and had no prior disciplinary issues. She was never given any warnings or feedback about performance concerns or behavioral issues. The abrupt nature of her dismissal, without any formal procedure or a chance to respond to any allegations, left her bewildered and distressed.

Feeling that the termination process was unfair and violated her right to a fair hearing, Shreya believes that the company failed to adhere to the principle of natural justice, which requires that individuals be given a chance to be heard before any adverse action is taken against them. 

Can she challenge her dismissal in court on the grounds that she was denied a fair hearing? What are the things that the court will take into consideration for delivering justice?



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 September 2024

This is moot court case. Law students has to give answers 

P. Venu (Advocate)     16 September 2024

yes, the query suggests itself to be a moot court question.


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