Dear Sagar,
How long was this incident. if it was recent, ie within legal limits, go ahead and start disciplinary action. I am not saying terminate him, as without disciplinary action, you cannot decide what action to take. Based on witness and the reply given by him to the notice, you can take action as deemed fit. Thsft is a serious offence more in the realms of moral terpitude, hence strict action can be taken first time itself.
Manoj
From India, Delhi
12How long was this incident. if it was recent, ie within legal limits, go ahead and start disciplinary action. I am not saying terminate him, as without disciplinary action, you cannot decide what action to take. Based on witness and the reply given by him to the notice, you can take action as deemed fit. Thsft is a serious offence more in the realms of moral terpitude, hence strict action can be taken first time itself.
Manoj
From India, Delhi
You have not mentioned the material stolen and its cost to company. Whatever it is, it depends on his length of service, past disciplinary record and the present misconduct. Not necessarily termination (even after enquiry) or suspension or warning.
Further, I sincerely feel, who was having custody of that material, how that person was careless, why he should not also be punished? why only the worker?
Vibhakar Ramtirthkar
SVR Associates
HR Consultant
From India, Pune
Further, I sincerely feel, who was having custody of that material, how that person was careless, why he should not also be punished? why only the worker?
Vibhakar Ramtirthkar
SVR Associates
HR Consultant
From India, Pune
Discipline in the organization is prime importance. If you let off this person, it will become a precedent and any future cases have to be given same parole. Please initiate domestic inquiry and take appropriate action as per inquiry report.
From India, Chennai
From India, Chennai
Terminating the employee's job is not the issue. What this shows is you may need to strengthen your policy and procedures, known as a Code of Conduct containing all the rules that everyone including the management must abide by. It also contains penalties from verbal warning to written warning to dismissal of an employee. In this code there should be some incidents very serious ones that may result in instant dismissal like gross misconduct; fraud, theft; sexual assault; fighting and so on. With your code in place, you need to have people designated as investigators who will investigate each time an offence is committed and once they investigate, there should be a hearing where the case is heard by someone different from the one who investigated and once he hears the case the person should be able to make a decision either termination or final warning depending on what offence has been committed. You need to train everyone once you have this in place, employees, trade unions, managers all will need to be trained what happens when this happens, who raises the complaint, when should the complaint be raised, when should it expire, who investigates, who hears the case, who witnesses, how are appeals held, who hears the appeals and so on. With such a system discipline should not be a problem and an employee who has been stealing from the company will not come back and request from HR for discovering that he has been stealing. This is not acceptable.
From United Kingdom, London
From United Kingdom, London
Mr. Vibhkar,
Mr.Vibhkar is correct always one should see that "Punishment should be in proportionate with the gravity of misconduct"
Means Act says that you cannot hang a person for stealing an apple (its just an example) here the gravity of misconduct is very small infront of punishment like hanging.
Likethat Before terminating you must consider his length of service / his gravity of misconduct etc.
Suppose we have caught him while stealing goods which costs Rs. 200/- and he has worked for company suppose for 5 Years & in this 5 Years of service he has never got involved in such activity nor got any disciplinary action against him. Here termination May not be justificable.
You have other ways you can stop his increment for 1 or 2 years. etc.
so one should go to termination only if that person is harmfull to the company & gravity of misconduct is verymuch serious in nature .
Arun J..
From India, Hyderabad
Mr.Vibhkar is correct always one should see that "Punishment should be in proportionate with the gravity of misconduct"
Means Act says that you cannot hang a person for stealing an apple (its just an example) here the gravity of misconduct is very small infront of punishment like hanging.
Likethat Before terminating you must consider his length of service / his gravity of misconduct etc.
Suppose we have caught him while stealing goods which costs Rs. 200/- and he has worked for company suppose for 5 Years & in this 5 Years of service he has never got involved in such activity nor got any disciplinary action against him. Here termination May not be justificable.
You have other ways you can stop his increment for 1 or 2 years. etc.
so one should go to termination only if that person is harmfull to the company & gravity of misconduct is verymuch serious in nature .
Arun J..
From India, Hyderabad
Dear Sir,
Committing theft is a serious misconduct warrants for severe punishment of dismissal. However as he has accepted his misconduct applealed for an execuse, you can take action of demoting his position and salary or stoppage of increments for
two or 3 years as punishment after consulting your employer.
D.Gurumurthy
HR & IR Consultant, Hyderabad.
From India, Hyderabad
Committing theft is a serious misconduct warrants for severe punishment of dismissal. However as he has accepted his misconduct applealed for an execuse, you can take action of demoting his position and salary or stoppage of increments for
two or 3 years as punishment after consulting your employer.
D.Gurumurthy
HR & IR Consultant, Hyderabad.
From India, Hyderabad
Dear All,
even if we give him second chance he cannot work in that company properly as the guilt will kill him and more over the incident can be repeated.
I have seen a similar case where the company has given employee second chance but he copied valuable data from the server and moved to another company.
It a RISK- and it can result LOSS or PROFIT and purely depends on the company position to challenge the risk.
From India, Hyderabad
even if we give him second chance he cannot work in that company properly as the guilt will kill him and more over the incident can be repeated.
I have seen a similar case where the company has given employee second chance but he copied valuable data from the server and moved to another company.
It a RISK- and it can result LOSS or PROFIT and purely depends on the company position to challenge the risk.
From India, Hyderabad
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc