Dear Colleagues,
I have a situation in our office. One employee was dismissed by his boss without giving him an opportunity to exculpate himself. According to his boss he discharged him after giving him a warning in relation to his performance and in-subornation. I was on leave when that happened and when i returned from leave found correspondence relating to the same in my intray. Now the employee appealed to the Executive Director to reinstate him. A committee was constituted and an appeal hearing conducted, the vindicated of the hearing revealed that procedure was not followed in dismissing him, therefore he be reinstated. This has created a bad relationship between him and his supervisor. We are a small office which has no branches in other town so it is not possible to transfer him. Meanwhile his Supervisor and the Executive Director feel that he should be let go. His contract ends in 9 months time. Is there any other way to separate with him rather than waiting for the contract to come to an end? Please help
Jessy
From Zambia
I have a situation in our office. One employee was dismissed by his boss without giving him an opportunity to exculpate himself. According to his boss he discharged him after giving him a warning in relation to his performance and in-subornation. I was on leave when that happened and when i returned from leave found correspondence relating to the same in my intray. Now the employee appealed to the Executive Director to reinstate him. A committee was constituted and an appeal hearing conducted, the vindicated of the hearing revealed that procedure was not followed in dismissing him, therefore he be reinstated. This has created a bad relationship between him and his supervisor. We are a small office which has no branches in other town so it is not possible to transfer him. Meanwhile his Supervisor and the Executive Director feel that he should be let go. His contract ends in 9 months time. Is there any other way to separate with him rather than waiting for the contract to come to an end? Please help
Jessy
From Zambia
If this has happened in India, I would say that since you have done a mistake by dismissing him without following the principles of natural justice, you cannot do any harm till next misconduct from his side takes place or his contract ends. If you do any thing against him, it will be construed that he has been victimised and that is unfair under laws in India. Therefore, wait till he repeats any misconduct on the basis of that frame charges, give him all opportunities of being heard, conduct enquiry and terminate him on the basis of enquiry report. Alternatively, wait till his contract period expires.
Madhu.T.K
From India, Kannur
4193Madhu.T.K
From India, Kannur
Dear Ms. Jessy,
While terminating an employee, the Employer should take a sound reason for that episode and the whole thing has to be documented propperly for any sort of execution. If these minimals loose your footing you are then open and liable for a jurisdiction. The major fact in which the employer fires any employee is "VIOLATING COMPANY's RULES & PROCEDURES".
Always remeber the contribution for In-subordination is mostly pointing towards the employee. Employer may raise case and draw attention to it. Therefore, he should be given a "Show cause notice" for his next immediate deed. Need not inevitably wait unless his involvment for the project is desired.
From India, Visakhapatnam
While terminating an employee, the Employer should take a sound reason for that episode and the whole thing has to be documented propperly for any sort of execution. If these minimals loose your footing you are then open and liable for a jurisdiction. The major fact in which the employer fires any employee is "VIOLATING COMPANY's RULES & PROCEDURES".
Always remeber the contribution for In-subordination is mostly pointing towards the employee. Employer may raise case and draw attention to it. Therefore, he should be given a "Show cause notice" for his next immediate deed. Need not inevitably wait unless his involvment for the project is desired.
From India, Visakhapatnam
Dear Jessy,
Just like to know the following
1) Did that employee was really a culprit ?
If yes terminate him with proper procedure why wait for 9 months?
If not what action will be taken against Superior?
2) If procedure are not followed and this supervisor has jumped the guns and did wrong as you said ?
What actions you will take against him?
3) Now you yourself is an HR professional why you are asking for employees exit and not for the supervisor?
I may be harsh asking the above, but answer to the above will clear the picture in your mind what to do..
I know in advance you can’t stand for this employee as every one might be against him, but I think you communicate it to him after certain period that his contract will not be extended so that he may find a job.
Rupendra Chahar
From India, Gurgaon
Just like to know the following
1) Did that employee was really a culprit ?
If yes terminate him with proper procedure why wait for 9 months?
If not what action will be taken against Superior?
2) If procedure are not followed and this supervisor has jumped the guns and did wrong as you said ?
What actions you will take against him?
3) Now you yourself is an HR professional why you are asking for employees exit and not for the supervisor?
I may be harsh asking the above, but answer to the above will clear the picture in your mind what to do..
I know in advance you can’t stand for this employee as every one might be against him, but I think you communicate it to him after certain period that his contract will not be extended so that he may find a job.
Rupendra Chahar
From India, Gurgaon
Dear Rupendra,
Thank you for your response, please see below.
1 According to my analyses of the situation the employee was a culprit but in took advantage of the fact that procedure was not followed. Looking at his file a sound warning was written to him months ago with regards to his performance.
2. The superior has been warned.
3 Despite of the fact that procedure was not followed the employee was guilty of the offices leveled against him , as stated earlier he took advantage of the fact that procedure was jumped.
According to the terms and conditions of service notice shall be give to him three months before the end of his contract.
From Zambia
Thank you for your response, please see below.
1 According to my analyses of the situation the employee was a culprit but in took advantage of the fact that procedure was not followed. Looking at his file a sound warning was written to him months ago with regards to his performance.
2. The superior has been warned.
3 Despite of the fact that procedure was not followed the employee was guilty of the offices leveled against him , as stated earlier he took advantage of the fact that procedure was jumped.
According to the terms and conditions of service notice shall be give to him three months before the end of his contract.
From Zambia
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