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S Mishra (Professional )     18 May 2023

Termination due to pilferage

Is Termination of a permanent employee justified without any enquiry because the employee was found to be in possession of 4 packets of popcorns which were  company items. Inorder To feed oneself after a long / delayed work schedule, is it an act of misconduct to take these eatables  for which the employee has been terminated immediately.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     18 May 2023

An employer cannot terminate an employee without sufficient cause or reason.

Internal theft also is referred to as employee theft, pilferage, embezzlement, fraud, stealing, peculation, and defalcation. Employee theft is stealing by employees from their employers. Pilferage is stealing in small quantities.

From the inventory aspect, pilferage causes a reduction in the inventory as a result of shoplifting or an act of stealing by employees.

Now you have to visit your employment offer letter terms and condition on such aspects and then decide about taking legal action by consulting a local advocate having erxpertise  in the field of industrial disputes

2 Like

Sudhir Kumar, Advocate (Advocate)     19 May 2023

agreeing with above views I will add that you have not at all stated what was the company? what was the trade?

Dr J C Vashista (Advocate)     19 May 2023

Well analysed, opined, explained in detail and advised by learned expert Mr. T Kalaiselvan, which I fully agree.

The employer has to institute an enquiy, consider its (enquiry) report, previous conduct and behaviour of deliquent official 

Sidhhi   21 May 2023

It's really lucky to have Adv T Kalaiselven in this forum. He give realistic and legally correct opinion to querists. Wish him all the best.

T. Kalaiselvan, Advocate (Advocate)     21 May 2023

Thank you for the compliments and the appreciations.


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