Dear All,
Greetings!
My wishes for Diwali.
I need urgent help.
In my company today i.e. on 18/10/2009, one of the employee was beaten by all the other staff.
I am not aware of the reasons, I have taken their written statement, Still enquiry has to be take place.
I have taken the written statement of witness also.
Now in this situation can i suspend these people directly or we have to give the warning letter only.
Please help me in preparing the warning and suspension letter both keeping in mind the all leagal obligations.
For your help, the employee belongs to F & B department who had been beaten by kitchen associates.
Regards
Ranjeet
From India, New Delhi
11Greetings!
My wishes for Diwali.
I need urgent help.
In my company today i.e. on 18/10/2009, one of the employee was beaten by all the other staff.
I am not aware of the reasons, I have taken their written statement, Still enquiry has to be take place.
I have taken the written statement of witness also.
Now in this situation can i suspend these people directly or we have to give the warning letter only.
Please help me in preparing the warning and suspension letter both keeping in mind the all leagal obligations.
For your help, the employee belongs to F & B department who had been beaten by kitchen associates.
Regards
Ranjeet
From India, New Delhi
Dear Ranjit,
Manhandling is a serious misconduct for which you can suspend the accused employees without holding enquiry. And you must be knowing that suspension is not a punishment. Punishment will come only after the enquiry. Therefore, there is nothing wrong in suspending the employees involved in the incident.
But before doing so, you have to ensure one more thing, ie, the operational issue which may come in due to suspension of employees. Once an employee is suspended, he will not be allowed to work till the whole process of enquiry is over. Since your season has started and the employees belong to the one and the same department, Food and Beverage Production (or Service) department, when there becomes a shortage of staff, the may arise some operational issue. In such circumstances the HR has to be more diplomatic. You should meet the concerned department head and get his opinion also. If he says that there should be action without considering operational issues, then you can proceed with suspension and enquiry. This suspension shall be a suspension pending enquiry. On the other hand, if suspension will create operational damages, then without suspending also you can hold a usual course of enquiry.
If you go for suspension, you need to issue suspension letters individually saying that:
" It has been reported that you have manhandled Shri...... while on duty and at work place in the presence of Shr...... (names of witnesses)
You must be aware that manhandling is an offence as per order/ clause.... of our certified Standing Orders for which your services shall be terminated. However, the management is not taking the extreme step of termination of service but is constrained to suspend you forthwith pending domestic enquiry.
During the period of suspension you will not be allowed to enter the premises of the establishment. During the period of suspension you will be eligible to subsistence allowance as per order/ clause.... of the Certified Standing Orders of this company.
You are also directed to furnish the communication address to which further communications in this regard shall be sent and if you fail to furnish the address, the communication address as per the records of the company shall be deemed to be your address for communication.
The charge sheet will follow. "
Please make any changes as per your requirements.
Regards,
Madhu.T.K
From India, Kannur
Manhandling is a serious misconduct for which you can suspend the accused employees without holding enquiry. And you must be knowing that suspension is not a punishment. Punishment will come only after the enquiry. Therefore, there is nothing wrong in suspending the employees involved in the incident.
But before doing so, you have to ensure one more thing, ie, the operational issue which may come in due to suspension of employees. Once an employee is suspended, he will not be allowed to work till the whole process of enquiry is over. Since your season has started and the employees belong to the one and the same department, Food and Beverage Production (or Service) department, when there becomes a shortage of staff, the may arise some operational issue. In such circumstances the HR has to be more diplomatic. You should meet the concerned department head and get his opinion also. If he says that there should be action without considering operational issues, then you can proceed with suspension and enquiry. This suspension shall be a suspension pending enquiry. On the other hand, if suspension will create operational damages, then without suspending also you can hold a usual course of enquiry.
If you go for suspension, you need to issue suspension letters individually saying that:
" It has been reported that you have manhandled Shri...... while on duty and at work place in the presence of Shr...... (names of witnesses)
You must be aware that manhandling is an offence as per order/ clause.... of our certified Standing Orders for which your services shall be terminated. However, the management is not taking the extreme step of termination of service but is constrained to suspend you forthwith pending domestic enquiry.
During the period of suspension you will not be allowed to enter the premises of the establishment. During the period of suspension you will be eligible to subsistence allowance as per order/ clause.... of the Certified Standing Orders of this company.
You are also directed to furnish the communication address to which further communications in this regard shall be sent and if you fail to furnish the address, the communication address as per the records of the company shall be deemed to be your address for communication.
The charge sheet will follow. "
Please make any changes as per your requirements.
Regards,
Madhu.T.K
From India, Kannur
Dear Mr Ranjeet,
I am a little surprised to read your post. You have taken the statements from the kitchen employees who had beaten the F&B employee and still you don't know the reason for the beating. You have also taken the statements of the witnesses. Then what is the purpose of conducting a preliminary enquiry ? You have to be serious. The action amounts to criminal offence under IPC and a misconduct under standing orders.
For taking legal action, please follow the above advice given by Mr T.K. Madhu.
From India, Madras
I am a little surprised to read your post. You have taken the statements from the kitchen employees who had beaten the F&B employee and still you don't know the reason for the beating. You have also taken the statements of the witnesses. Then what is the purpose of conducting a preliminary enquiry ? You have to be serious. The action amounts to criminal offence under IPC and a misconduct under standing orders.
For taking legal action, please follow the above advice given by Mr T.K. Madhu.
From India, Madras
Dear Mr.Kutty,
I am not aware of the reason for the initiation of fight. May be it was the past grudges among those guys.
What i come to know, that there is some misunderstanding over the Trolley putting up in the kitchen.
The condition become worsen, and 4 kitchen guys had beaten the Service staff.
I want to clear certain points.
1- The victim Khurseed when he was beaten, other staff of service was also there, who all have given their written statements about the incident and the accused.
2- The kitchen staff who all are involved in the incident have given the same statement, that khurseed had manhandled their guys, though their was a no witness of the same.
3-I have an indepandant person written statement who saw that 4 people had beaten the khursheed.
I have no clue who had inititae the fight.
Well in the light of all the witness and reports, what i can derive that if abusive language iused by khurseed also, law does not permit to do such mishandling.
My question is that whether we can take some steps against the khurseed, as he was involved also. Though he was the preliminary victim and except the accused statement, their is no statement against the.
The other favour was doctors report which was prepared after medical examination in a reputed hospital which confirms about the injury.
Doctor also had done his CT Scan and all, you can imagine the situation.
Hope now case is more clear to all the members.
Madhu Sir! Thanks a ton for the letter. Your views also now on this case.
Regards
Ranjeet
From India, New Delhi
I am not aware of the reason for the initiation of fight. May be it was the past grudges among those guys.
What i come to know, that there is some misunderstanding over the Trolley putting up in the kitchen.
The condition become worsen, and 4 kitchen guys had beaten the Service staff.
I want to clear certain points.
1- The victim Khurseed when he was beaten, other staff of service was also there, who all have given their written statements about the incident and the accused.
2- The kitchen staff who all are involved in the incident have given the same statement, that khurseed had manhandled their guys, though their was a no witness of the same.
3-I have an indepandant person written statement who saw that 4 people had beaten the khursheed.
I have no clue who had inititae the fight.
Well in the light of all the witness and reports, what i can derive that if abusive language iused by khurseed also, law does not permit to do such mishandling.
My question is that whether we can take some steps against the khurseed, as he was involved also. Though he was the preliminary victim and except the accused statement, their is no statement against the.
The other favour was doctors report which was prepared after medical examination in a reputed hospital which confirms about the injury.
Doctor also had done his CT Scan and all, you can imagine the situation.
Hope now case is more clear to all the members.
Madhu Sir! Thanks a ton for the letter. Your views also now on this case.
Regards
Ranjeet
From India, New Delhi
Dear Friends,
Physical assault of an employee by co-employees at workplace is a very serious matter and should be so addressed.
Mr. TK Madhu has put you on the right track. However, it would not be prudent to mention in the Charge Sheet that "your services should be terminated". This implies that the management had already made up its mind to....
I will suggest the following action:
Step One
-----------
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Sub: Charge Sheet
Mr. Ram Lakhan,
It has been reported that while you were on duty in the Kitchen ( pl. name the Section/Department) on 26th August 2009,(mention the correct date) at about 3.30 p.m.(mention the correct Time), you along with some other employees, namely ( name all of them), without any reason or provocation, suddenly assaulted Mr………..and thoroughly beat him up in the presence of ……..(name the witnesses) inflicting upon him injuries in the face, head and other parts of his body ( name the areas where injuries were found, if any).
You even threatened him with dire consequences and harm to his life.
The other workers and Staff members present there at that time came to the rescue of the Mr………… and with difficulty managed to save him from further beating and physical assault
Such violent behaviour on your part in physically assaulting your co-employee and then abusing him and threatening him with harm to his life amounts to acts of Gross Misconduct as per Clause 10(a) of the Company’s Standing Orders which read as under:
(Mention the exact clause as written in the Standing Orders)
You are therefore hereby called upon to explain in writing within 48 hours of receiving the Letter of Charges as to why appropriate disciplinary action should not be taken against you for your above mentioned acts of gross misconduct.
Should you fail to submit your written explanation within the above stipulated time, it will be inferred that you admit the charges leveled against you and that you do not have any explanation to offer in your defence.
In such eventuality, the management will be at liberty to take necessary disciplinary action against you, as it deems proper, under the circumstances.
However, since the Charges levelled against you are extremely serious in nature and since your presence in the establishment premises are detrimental to the overall discipline of the establishment, it is deemed expedient to suspend you from your duties with immediate effect.
During the period of your suspension, you will not be allowed to enter the establishment premises. However, you shall be entitled to receive subsistence allowance as per provisions of applicable law, during the period of your suspension, from the date of your suspension.
You are also hereby advised to report at the Security Room/Gate, at 10 am daily. (this is optional and at the discretion of the management)
For ABC Co.
Authorized Signatory
( Separate Charge Sheet & Suspension Letters will have to be issued to each of the employees responsible for the cats of violence and physical assault)
Very Important Steps to be taken:
Step Two
------------
Once you receive the written explanation of the workers:
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Mr. Ram Lakhan,
You written explanation dated…………in response to the Charge Sheet dated……..issued to you, has been received on……….
The explanation offered by has been carefully considered by the management and it finds your reply unsatisfactory.
It has therefore been decided been decided to institute a Domestic Enquiry to investigate into the Charges leveled against you vide Charge Sheet dated…….and to grant to full and fair opportunity to defend yourself against the same.
Mr.Ram lal Ahuja, of the Legal Section of the Company has been appointed as the Enquiry Offer to conduct the Domestic Enquiry. He will communicate with you directly and inform you about the date, time and venue of the Enquiry.
For ABC Co.
Authorised Signatory
Step Three
-------------
Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting him to inform the Charge Sheeted worker about the date, time and venue of the enquiry. Send him a copy of the Charge Sheet along with the letter as an annexure.
Step Four
------------
The EO will then issue a letter to the workman giving details about the date, time and venue where he will conduct the Enquiry.
Both these letters will be worded very carefully to make the management’s case strong.
Then the Domestic Enquiry will start.
Please remember if any action is taken by the Police and a Criminal case is registered against the concerned employees, this action will be independent of the action taken by the management.
Step Two
------------
Once you receive the written explanation of the workers:
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Mr. Ram Lakhan,
You written explanation dated…………in response to the Charge Sheet dated……..issued to you, has been received on……….
The explanation offered by has been carefully considered by the management and it finds your reply unsatisfactory.
It has therefore been decided been decided to institute a Domestic Enquiry to investigate into the Charges leveled against you vide Charge Sheet dated…….and to grant to full and fair opportunity to defend yourself against the same.
Mr.Ram lal Ahuja, of the Legal Section of the Company has been appointed as the Enquiry Offer to conduct the Domestic Enquiry. He will communicate with you directly and inform you about the date, time and venue of the Enquiry.
For ABC Co.
Authorised Signatory
Step Three
-------------
Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting him to inform the Charge Sheeted worker about the date, time and venue of the enquiry. Send him a copy of the Charge Sheet along with the letter as an annexure.
Step Four
------------
The EO will then issue a letter to the workman giving details about the date, time and venue where he will conduct the Enquiry.
Both these letters will be worded very carefully to make the management’s case strong.
Then the Domestic Enquiry will start.
Please remember if any action is taken by the Police and a Criminal case is registered against the concerned employees, this action will be independent of the action taken by the management.
-----------------------------------------------------------------------------------
Please feel free to contact the undersigned for any advice in the matter.
Vasant Nair
HR Advisor
09717726667
From India, Mumbai
Physical assault of an employee by co-employees at workplace is a very serious matter and should be so addressed.
Mr. TK Madhu has put you on the right track. However, it would not be prudent to mention in the Charge Sheet that "your services should be terminated". This implies that the management had already made up its mind to....
I will suggest the following action:
Step One
-----------
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Sub: Charge Sheet
Mr. Ram Lakhan,
It has been reported that while you were on duty in the Kitchen ( pl. name the Section/Department) on 26th August 2009,(mention the correct date) at about 3.30 p.m.(mention the correct Time), you along with some other employees, namely ( name all of them), without any reason or provocation, suddenly assaulted Mr………..and thoroughly beat him up in the presence of ……..(name the witnesses) inflicting upon him injuries in the face, head and other parts of his body ( name the areas where injuries were found, if any).
You even threatened him with dire consequences and harm to his life.
The other workers and Staff members present there at that time came to the rescue of the Mr………… and with difficulty managed to save him from further beating and physical assault
Such violent behaviour on your part in physically assaulting your co-employee and then abusing him and threatening him with harm to his life amounts to acts of Gross Misconduct as per Clause 10(a) of the Company’s Standing Orders which read as under:
(Mention the exact clause as written in the Standing Orders)
You are therefore hereby called upon to explain in writing within 48 hours of receiving the Letter of Charges as to why appropriate disciplinary action should not be taken against you for your above mentioned acts of gross misconduct.
Should you fail to submit your written explanation within the above stipulated time, it will be inferred that you admit the charges leveled against you and that you do not have any explanation to offer in your defence.
In such eventuality, the management will be at liberty to take necessary disciplinary action against you, as it deems proper, under the circumstances.
However, since the Charges levelled against you are extremely serious in nature and since your presence in the establishment premises are detrimental to the overall discipline of the establishment, it is deemed expedient to suspend you from your duties with immediate effect.
During the period of your suspension, you will not be allowed to enter the establishment premises. However, you shall be entitled to receive subsistence allowance as per provisions of applicable law, during the period of your suspension, from the date of your suspension.
You are also hereby advised to report at the Security Room/Gate, at 10 am daily. (this is optional and at the discretion of the management)
For ABC Co.
Authorized Signatory
( Separate Charge Sheet & Suspension Letters will have to be issued to each of the employees responsible for the cats of violence and physical assault)
Very Important Steps to be taken:
- Without wasting a moment take written statements about the incident from:
- The employees who were witness to the incident. Add names of the witnesses in the Charge Sheet ONLY if you are sure that they will come and depose before the Enquiry Officer.
- Security Guard and S.O. ( If they were involved)
- Get a Medical certificate from a Doctor, if the employee was taken to a Dr. and if there were any injuries on him.
- Since such acts of physical assault is a Criminal Act, you may lode an FIR with the concerned Police Station against those involved.
- The written statements will be important documents which will be used to establish the Charges leveled against the Charge Sheeted worker.
- Date, Time, Place, language used by the workers when he threatened the Supervisor etc…should be clearly mentioned in the written reports.
- All reports should be separately written and signed by each worker, Staff who were witness to the incident.
- All this should happen NOW. Tomorrow will be late. Afterthoughts and change of mind etc…are bound to happen.
Step Two
------------
Once you receive the written explanation of the workers:
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Mr. Ram Lakhan,
You written explanation dated…………in response to the Charge Sheet dated……..issued to you, has been received on……….
The explanation offered by has been carefully considered by the management and it finds your reply unsatisfactory.
It has therefore been decided been decided to institute a Domestic Enquiry to investigate into the Charges leveled against you vide Charge Sheet dated…….and to grant to full and fair opportunity to defend yourself against the same.
Mr.Ram lal Ahuja, of the Legal Section of the Company has been appointed as the Enquiry Offer to conduct the Domestic Enquiry. He will communicate with you directly and inform you about the date, time and venue of the Enquiry.
For ABC Co.
Authorised Signatory
Step Three
-------------
Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting him to inform the Charge Sheeted worker about the date, time and venue of the enquiry. Send him a copy of the Charge Sheet along with the letter as an annexure.
Step Four
------------
The EO will then issue a letter to the workman giving details about the date, time and venue where he will conduct the Enquiry.
Both these letters will be worded very carefully to make the management’s case strong.
Then the Domestic Enquiry will start.
Please remember if any action is taken by the Police and a Criminal case is registered against the concerned employees, this action will be independent of the action taken by the management.
Step Two
------------
Once you receive the written explanation of the workers:
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Mr. Ram Lakhan,
You written explanation dated…………in response to the Charge Sheet dated……..issued to you, has been received on……….
The explanation offered by has been carefully considered by the management and it finds your reply unsatisfactory.
It has therefore been decided been decided to institute a Domestic Enquiry to investigate into the Charges leveled against you vide Charge Sheet dated…….and to grant to full and fair opportunity to defend yourself against the same.
Mr.Ram lal Ahuja, of the Legal Section of the Company has been appointed as the Enquiry Offer to conduct the Domestic Enquiry. He will communicate with you directly and inform you about the date, time and venue of the Enquiry.
For ABC Co.
Authorised Signatory
Step Three
-------------
Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting him to inform the Charge Sheeted worker about the date, time and venue of the enquiry. Send him a copy of the Charge Sheet along with the letter as an annexure.
Step Four
------------
The EO will then issue a letter to the workman giving details about the date, time and venue where he will conduct the Enquiry.
Both these letters will be worded very carefully to make the management’s case strong.
Then the Domestic Enquiry will start.
Please remember if any action is taken by the Police and a Criminal case is registered against the concerned employees, this action will be independent of the action taken by the management.
-----------------------------------------------------------------------------------
Please feel free to contact the undersigned for any advice in the matter.
Vasant Nair
HR Advisor
09717726667
From India, Mumbai
Step two and Step Three have been duplicated. Regret thsi error. There was some goof up in copying and pasting. I had prepared the original draft ina Word Document and then copied it.
Rest is fine.
Vasant Nair
From India, Mumbai
Rest is fine.
Vasant Nair
From India, Mumbai
Drae Ranjit
Greetings.
Ref your post re few employees assaulting (beating) another employee of another Section. Whether you Co / Establishment has Standing Orders and Rules re Disciplinary Action for Acts of Misconduct the said act amounts to a Serious / grave misconduct for wich Managent must not delay over any reason/pretext and initiate Disciplining action.
By doing some sort of Prelim Inquiry you took First Step. You must have recorded the statement of the employee so assaulted and / or obtained a written complaint It would mention the reason of assault. Get the assaulted employee / Complainant Medically examined for internal & external injuries, if any, forthwith.
Based on the records of Pelim Inquiry carefully get Charge sheets/ Explanation Letters
( show cause Notices) drafted and get them issued thru proper channel to all concerned including the assaulted employee in case the provocation / altercation started from his side after they are signed by the Appointing Authority / Punishing Authority as known with Office Seal. The Charge must contain Date, Time, Place and nature of assault as exactly describable along with at least at this stage no of witnesses.
After issuing the Charge sheets, imm issue Suspension-Pending-Inquiry Letter to the employees who are charged with assault , obtain their acknowledgment of having received this 2nd letter, advise them to surrender their Works / Office Entry Permits and advise them to submit their Explanations at the Main Gate Security Office. Advice Accounts Dept to make arrangements for paying Subsistence Allowance on next payday.
On receipt of Explanation Letters, the Authority must carefully consider the Explanations and in case Not Satisfied,must issue Office Order ordering Domestic Inquiry.For this purpose, s/he should appoint an Inquiry Officer and Nominate one of the Officer as the Management Rep to present Management Case. The Inquiry can be completed in due time and then depending on the findings, further action can be taken
Remember, ignoring or neglecting acts of gross indiscipline is creating a Frankenstein.
Disciplining is correcting not punishing in value. Inquiry must be Fair, Just and Reasonable
Harsh K Sharan
91 9312 650756
1-10-2009, 4 15 p.m.
From India, Delhi
Greetings.
Ref your post re few employees assaulting (beating) another employee of another Section. Whether you Co / Establishment has Standing Orders and Rules re Disciplinary Action for Acts of Misconduct the said act amounts to a Serious / grave misconduct for wich Managent must not delay over any reason/pretext and initiate Disciplining action.
By doing some sort of Prelim Inquiry you took First Step. You must have recorded the statement of the employee so assaulted and / or obtained a written complaint It would mention the reason of assault. Get the assaulted employee / Complainant Medically examined for internal & external injuries, if any, forthwith.
Based on the records of Pelim Inquiry carefully get Charge sheets/ Explanation Letters
( show cause Notices) drafted and get them issued thru proper channel to all concerned including the assaulted employee in case the provocation / altercation started from his side after they are signed by the Appointing Authority / Punishing Authority as known with Office Seal. The Charge must contain Date, Time, Place and nature of assault as exactly describable along with at least at this stage no of witnesses.
After issuing the Charge sheets, imm issue Suspension-Pending-Inquiry Letter to the employees who are charged with assault , obtain their acknowledgment of having received this 2nd letter, advise them to surrender their Works / Office Entry Permits and advise them to submit their Explanations at the Main Gate Security Office. Advice Accounts Dept to make arrangements for paying Subsistence Allowance on next payday.
On receipt of Explanation Letters, the Authority must carefully consider the Explanations and in case Not Satisfied,must issue Office Order ordering Domestic Inquiry.For this purpose, s/he should appoint an Inquiry Officer and Nominate one of the Officer as the Management Rep to present Management Case. The Inquiry can be completed in due time and then depending on the findings, further action can be taken
Remember, ignoring or neglecting acts of gross indiscipline is creating a Frankenstein.
Disciplining is correcting not punishing in value. Inquiry must be Fair, Just and Reasonable
Harsh K Sharan
91 9312 650756
1-10-2009, 4 15 p.m.
From India, Delhi
Hey Ranjeet,
Nair and madhu have given excellent course of action, that you need to initiate immediately.
One more word of caution. There has been a physical assult on a staff and this is absolurly not acceptable. Physical assult is a matter of criminal and civil discpline act and will attract police inquiry. I am sure your company won't accept this course of action, as they would like to protect their company from any damage.
Verbal abuse of any kind is not at all acceptable, but chossing a stand to revolt against, that these staff have chosen, shows theur poor mentality and a act of showing their muscle power and believe me this will repeat again if not curbed now. Strict displine is required, even if it means terminating the intigator.
I am of the opnion that the staff who was assulted, should lodge a police complaint against all the assulaters, to safe gaurd is safety. I know not many willl appreciate this act, but this is how he will safe gaurd his security. Once an inquiry starts, there will always be a revenge attitude amongst the effected. Very sensitive issue and one need handle the same with maturity.
Wish you all the best.
Regard, ukmitra
From Saudi Arabia, Riyadh
Nair and madhu have given excellent course of action, that you need to initiate immediately.
One more word of caution. There has been a physical assult on a staff and this is absolurly not acceptable. Physical assult is a matter of criminal and civil discpline act and will attract police inquiry. I am sure your company won't accept this course of action, as they would like to protect their company from any damage.
Verbal abuse of any kind is not at all acceptable, but chossing a stand to revolt against, that these staff have chosen, shows theur poor mentality and a act of showing their muscle power and believe me this will repeat again if not curbed now. Strict displine is required, even if it means terminating the intigator.
I am of the opnion that the staff who was assulted, should lodge a police complaint against all the assulaters, to safe gaurd is safety. I know not many willl appreciate this act, but this is how he will safe gaurd his security. Once an inquiry starts, there will always be a revenge attitude amongst the effected. Very sensitive issue and one need handle the same with maturity.
Wish you all the best.
Regard, ukmitra
From Saudi Arabia, Riyadh
Dear All,
Thanks a ton for your replies.
Now when enquiry is going on, our chef who was in the mannagement is trying to frame it as the Service VS Kitchen.
In the incident, 2 trainees and 2 permamnent stff was involved. My executive chef is not taking those trainee on the duty which were not the main accused. As they are the easy targets, they have taken this step fom their side.
The employee ( Khursheed) was working on the contract for the period of one year.
I am afraid that this time also the main accused will not be let free as the enquiry is conducted by HR Manager. I have totally clear my stand that What are the environment at that time and what are teh steps we can take against.
I have the written statement of all the accused + witness which i have submitted to my Manager.
I have a medical certificate in my custody with a reputed hospital stating about the injury.
I have incident report from the security department whom i have contacted first when this has taken place.
Now ball is in court of my manger what decision she will take.
The problem is that we are working for a reputed concern. We cannot take the step to call the police and handover the culprits.
Their are certain limitation also. If this time the main accused will be free and the people who need less punishmnet for the same., than it will be the murder of HR and Principle of Natural Justice.
We can pray for the best and fair things.
Regards
Ranjeet
From India, New Delhi
Thanks a ton for your replies.
Now when enquiry is going on, our chef who was in the mannagement is trying to frame it as the Service VS Kitchen.
In the incident, 2 trainees and 2 permamnent stff was involved. My executive chef is not taking those trainee on the duty which were not the main accused. As they are the easy targets, they have taken this step fom their side.
The employee ( Khursheed) was working on the contract for the period of one year.
I am afraid that this time also the main accused will not be let free as the enquiry is conducted by HR Manager. I have totally clear my stand that What are the environment at that time and what are teh steps we can take against.
I have the written statement of all the accused + witness which i have submitted to my Manager.
I have a medical certificate in my custody with a reputed hospital stating about the injury.
I have incident report from the security department whom i have contacted first when this has taken place.
Now ball is in court of my manger what decision she will take.
The problem is that we are working for a reputed concern. We cannot take the step to call the police and handover the culprits.
Their are certain limitation also. If this time the main accused will be free and the people who need less punishmnet for the same., than it will be the murder of HR and Principle of Natural Justice.
We can pray for the best and fair things.
Regards
Ranjeet
From India, New Delhi
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.
Employee Appraisal Form new.doc