Please help me prepare a dismissal letter to an employee who committed fraud. She is given a Show-Cause Letter and ordered to submit written explanation within 24hrs. but we haven't received any as of today. She is now subject for dismissal/termination.
From Philippines, Bagumbayan
From Philippines, Bagumbayan
186
Dear Carren,
I do not know the labour laws of your country however, if the employee has committed some fraud then it is better to conduct the domestic enquiry. Based on the outcome of the enquiry, you may take appropriate action. It could be dismissal also.
Yours is democratic country. In democratic set up it is important to adhere to the principles of natural justice before awarding punishment of any kind. Should the employee abstain from the domestic enquiry, you may terminate her in absentia.
Ok...
Dinesh V Divekar
From India, Bangalore
I do not know the labour laws of your country however, if the employee has committed some fraud then it is better to conduct the domestic enquiry. Based on the outcome of the enquiry, you may take appropriate action. It could be dismissal also.
Yours is democratic country. In democratic set up it is important to adhere to the principles of natural justice before awarding punishment of any kind. Should the employee abstain from the domestic enquiry, you may terminate her in absentia.
Ok...
Dinesh V Divekar
From India, Bangalore
Dear Friend,
You have mentioned that, she was given a Show-Cause Letter and ordered to submit written explanation within 24hrs, but you didn't received any reply from her.
In my opinion, you should give her at least two more warning letter. In the first warning letter, you should mention that the management sent her letter dt. so and so through registered post. But she didn't replied it. The management is giving her one more chance to submit her reply. So, submit the reply within 7 days. Otherwise the management will assume that she has accepted that she is in guilty. After this letter, wait for 7 days.
In second letter, you can write that she was given two chances to put her part. But she didn't replied both the time. So, the management giving her the final chance and ask her to submit her reply within 2 days in personally. Otherwise, her appointment will stand terminated w.e.f. so and so date.
From India, Delhi
You have mentioned that, she was given a Show-Cause Letter and ordered to submit written explanation within 24hrs, but you didn't received any reply from her.
In my opinion, you should give her at least two more warning letter. In the first warning letter, you should mention that the management sent her letter dt. so and so through registered post. But she didn't replied it. The management is giving her one more chance to submit her reply. So, submit the reply within 7 days. Otherwise the management will assume that she has accepted that she is in guilty. After this letter, wait for 7 days.
In second letter, you can write that she was given two chances to put her part. But she didn't replied both the time. So, the management giving her the final chance and ask her to submit her reply within 2 days in personally. Otherwise, her appointment will stand terminated w.e.f. so and so date.
From India, Delhi
Hai carren,
giving opportunity to hear the other party is absolutely necessary. It is not the case of all and time. It is necessary to take corrective action timely otherwise indiscipline crop up in the organisation. Hot stove principle may be adopted timely.
If i am wrong please correct be by other members with a request.
From India, Visakhapatnam
giving opportunity to hear the other party is absolutely necessary. It is not the case of all and time. It is necessary to take corrective action timely otherwise indiscipline crop up in the organisation. Hot stove principle may be adopted timely.
If i am wrong please correct be by other members with a request.
From India, Visakhapatnam
If you want to terminate an employee for misconduct, you need to conduct a domestic inquiry and allow her the opportunity to defend her case, failing which your action may not stand judicial scrutiny.
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
It is must to provide opportunity to the delinquent to defend herself/himself in presence of an Enquiry Officer. Her/his failure in submission of explanation / failure in attending to the enquiry should be recorded by the EO and the same should be reflected in the finding of the EO.
After that a letter should be sent to the delinquent's address quoting the EO's findings and giving a final opportunity to defend him/her with a reasonable time to submit.
If she/he fail to respond, then her / his services may be terminated by sending a termination letter.
The termination letter should contain the following information :
a) The misconduct levelled against her/him.
b) Quote the EO's findings
c) Under what grounds her/his services are liable for termination.
Regards,
Bhavani Sankar
From India, Chennai
After that a letter should be sent to the delinquent's address quoting the EO's findings and giving a final opportunity to defend him/her with a reasonable time to submit.
If she/he fail to respond, then her / his services may be terminated by sending a termination letter.
The termination letter should contain the following information :
a) The misconduct levelled against her/him.
b) Quote the EO's findings
c) Under what grounds her/his services are liable for termination.
Regards,
Bhavani Sankar
From India, Chennai
Dear Carren,
I appreciate the views of Mr. Divakar. For the sake of Natural justice and to avoid any legal complication in future, it is a must that a domestic inquiry is conducted and disciplinary action is taken accordingly even amounting to dismissal from service. But nobody should be punished unheard.
Now to your question of a sample draft of dismissal order :
O R D E R
You were charge sheeted vide this office letter no...... dated..... and you were required to submit your explanation. You failed to submit your explanation within stipulated time. An Inquiry Committee was set up to hold an impartial inquiry into the matter and provide you ample opportunity to defend your self either personally or with the help of a Co-worker, but your did not participate in the inquiry/ but you failed to defend yourself and the charges of committing fraud have been proved beyond doubt. An amount of Rs...... will be recovered from dues payable to you.
The undersigned is of the opinion that your misconduct is of grave nature which cannot be taken leniently and strong disciplinary action is warranted as per Clause No......... of service rules applicable to you.
Consequent upon the authority and rights conferred by the Conduct, Discipline and Appeal Rules of the Company, the undersigned orders for dismissal of your services with immediate effect reasons of which will be recorded in your service book, so that no other employee resorts to such fraud in future.
You are directed to handover all the company's material in your possession to concerned departments and obtain "No Dues" certificate so that your terminal dues are released as early as possible.
(XYZ)
.................(Designation)
................(Name of Unit/Organization)
Cc to :-
All concerned.
-----------------
Hope this will be enough.
AK Jain
From India, Jabalpur
I appreciate the views of Mr. Divakar. For the sake of Natural justice and to avoid any legal complication in future, it is a must that a domestic inquiry is conducted and disciplinary action is taken accordingly even amounting to dismissal from service. But nobody should be punished unheard.
Now to your question of a sample draft of dismissal order :
O R D E R
You were charge sheeted vide this office letter no...... dated..... and you were required to submit your explanation. You failed to submit your explanation within stipulated time. An Inquiry Committee was set up to hold an impartial inquiry into the matter and provide you ample opportunity to defend your self either personally or with the help of a Co-worker, but your did not participate in the inquiry/ but you failed to defend yourself and the charges of committing fraud have been proved beyond doubt. An amount of Rs...... will be recovered from dues payable to you.
The undersigned is of the opinion that your misconduct is of grave nature which cannot be taken leniently and strong disciplinary action is warranted as per Clause No......... of service rules applicable to you.
Consequent upon the authority and rights conferred by the Conduct, Discipline and Appeal Rules of the Company, the undersigned orders for dismissal of your services with immediate effect reasons of which will be recorded in your service book, so that no other employee resorts to such fraud in future.
You are directed to handover all the company's material in your possession to concerned departments and obtain "No Dues" certificate so that your terminal dues are released as early as possible.
(XYZ)
.................(Designation)
................(Name of Unit/Organization)
Cc to :-
All concerned.
-----------------
Hope this will be enough.
AK Jain
From India, Jabalpur
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