Dear Pooja,
Yes, what labour officer has told is correct. You should have conducted domestic enquiry before termination. Sending the mails or letters cannot suffice the purpose of the enquiry. Now find out whether mediation is possible when the case comes up for hearing.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Yes, what labour officer has told is correct. You should have conducted domestic enquiry before termination. Sending the mails or letters cannot suffice the purpose of the enquiry. Now find out whether mediation is possible when the case comes up for hearing.
Thanks,
Dinesh Divekar
From India, Bangalore
Means absconding letters & show cause notice doesn’t stand anywhere for the case of termination.
From India, Gurgaon
From India, Gurgaon
Ok suggest me if any employee is not ready to work (Continuous absent) and communicating with us that he doesn't want to come back & work but the same way not ready to put resignation then what should be the procedure ??
From India, Gurgaon
From India, Gurgaon
Dear Pooja,
This reply for the post Sl No 13.
If employee does not report for this duties, nor submits his resignation then you could have issued him show cause notice for his unauthorised absence. If he had remained unresponsive or if the explanation was not credible then you could sent him notice to attend domestic enquiry. If he had failed to turn up. You could have ordered domestic enquiry second time. If he had failed to turn up or if the misconduct would have proved, then you could have gone ahead and terminated the employee.
At this stage, your problem is that you did not follow principles of natural justice hence landed in judicial trouble. While the procedure given in the paragraph above may seem boring and corny, compared with litigation, it is less enduring!
Thanks,
Dinesh Divekar
From India, Bangalore
This reply for the post Sl No 13.
If employee does not report for this duties, nor submits his resignation then you could have issued him show cause notice for his unauthorised absence. If he had remained unresponsive or if the explanation was not credible then you could sent him notice to attend domestic enquiry. If he had failed to turn up. You could have ordered domestic enquiry second time. If he had failed to turn up or if the misconduct would have proved, then you could have gone ahead and terminated the employee.
At this stage, your problem is that you did not follow principles of natural justice hence landed in judicial trouble. While the procedure given in the paragraph above may seem boring and corny, compared with litigation, it is less enduring!
Thanks,
Dinesh Divekar
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Ruling by Karnataka HC on Unauthorised Absence.jpg
Absence of Team Leader.doc