Hi All Gurus,
If someone is terminated from a company without a show-cause notice due to some allegation against him, then is it legal or not? Can it be stated in writing that if you believe the allegation is incorrect, the termination can be reversed? Please provide your suggestions.
From India, Patna
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If someone is terminated from a company without a show-cause notice due to some allegation against him, then is it legal or not? Can it be stated in writing that if you believe the allegation is incorrect, the termination can be reversed? Please provide your suggestions.
From India, Patna
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[QUOTE=kumaarvivek;1158629]
Hi All Gurus,
If someone is terminated from a company without a show-cause notice due to some allegation against them, then is it legal or not? Can it be stated in writing that if you believe the allegation is incorrect, the termination can be reversed? Please share your suggestions.
Vivek Mishra
From India, Patna
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Hi All Gurus,
If someone is terminated from a company without a show-cause notice due to some allegation against them, then is it legal or not? Can it be stated in writing that if you believe the allegation is incorrect, the termination can be reversed? Please share your suggestions.
Vivek Mishra
From India, Patna
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The person, if he is on the management staff, there will be a story behind termination. It is advisable to get into details before taking an opinion from different people. If it is workman category, he/she can approach the labor authorities. In the case of Managerial Staff, it is better to stay away from people who do not think twice before believing allegations and terminating someone's employment. For your satisfaction, you may prove the allegations are wrong without asking for employment. In case the management team realizes the wrong things, I don't think they will confide. My personal view is that one should try to clarify while still keeping away.
Generalist91
From India
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2Generalist91
From India
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Dear Vivek,
Terminating someone without giving a show cause notice and then revoking the termination order shows immaturity and recklessness. Ideally, you should have conducted a domestic enquiry. What stopped you from following the course of the law?
From the legal point of view, the termination order can be revoked, and the employee can continue to work in his/her present position. From the organization's point of view, instances of this kind vitiate the organization's climate. These impatient acts of management will breed distrust among the staff. You will not be able to retain the talent, let alone attract it. Instead of engagement, it will foster disengagement, and obviously, it will have a fallback on the productivity of the staff. More than legal, organizational implications are severe, and your management may take note of this.
DVD
From India, Bangalore
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Terminating someone without giving a show cause notice and then revoking the termination order shows immaturity and recklessness. Ideally, you should have conducted a domestic enquiry. What stopped you from following the course of the law?
From the legal point of view, the termination order can be revoked, and the employee can continue to work in his/her present position. From the organization's point of view, instances of this kind vitiate the organization's climate. These impatient acts of management will breed distrust among the staff. You will not be able to retain the talent, let alone attract it. Instead of engagement, it will foster disengagement, and obviously, it will have a fallback on the productivity of the staff. More than legal, organizational implications are severe, and your management may take note of this.
DVD
From India, Bangalore
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Terminating without a show-cause notice can be done under some circumstances. If the employee has committed a heinous crime or misconduct, then they can be terminated without a show-cause notice if there is a clause in the Standing Orders of the Company that is applicable to them.
Secondly, the terminated employee can only be reinstated if the Board of Directors deems it appropriate.
From India, Mumbai
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Secondly, the terminated employee can only be reinstated if the Board of Directors deems it appropriate.
From India, Mumbai
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Dear Vicky,
There is no question of reverting the termination merely on the thinking of the terminated person, but if the termination has been made without any show cause notice, without giving adequate opportunity to defend himself by the employee and due consideration of a reply of the employee to such termination, that would merely show the sickness of mind and unprofessionalism on the part of the person who has issued such termination order without the application of his mind.
However, if termination has been made erroneously merely on the receipt of an allegation without any investigation or consideration of clarification given by the employee, there is no harm in rectifying the mistake of the management by canceling the termination order.
It MUST be borne in mind that termination or dismissal from services is not child's play. Due precautions and procedures are a must to be observed before resorting to such practice by the management. Otherwise, that can cost very dearly to the management sometimes.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
Hi All Gurus,
If someone is terminated from a company without a show cause notice due to some allegation against him, then is it legal or not? And can it be written that if you think the allegation is wrong, then the termination can be reverted? Please give your suggestions.
From India, Delhi
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There is no question of reverting the termination merely on the thinking of the terminated person, but if the termination has been made without any show cause notice, without giving adequate opportunity to defend himself by the employee and due consideration of a reply of the employee to such termination, that would merely show the sickness of mind and unprofessionalism on the part of the person who has issued such termination order without the application of his mind.
However, if termination has been made erroneously merely on the receipt of an allegation without any investigation or consideration of clarification given by the employee, there is no harm in rectifying the mistake of the management by canceling the termination order.
It MUST be borne in mind that termination or dismissal from services is not child's play. Due precautions and procedures are a must to be observed before resorting to such practice by the management. Otherwise, that can cost very dearly to the management sometimes.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
Hi All Gurus,
If someone is terminated from a company without a show cause notice due to some allegation against him, then is it legal or not? And can it be written that if you think the allegation is wrong, then the termination can be reverted? Please give your suggestions.
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
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(Fact Checked)-The user reply contains accurate information regarding the necessity of following due process and the potential negative impact of hasty terminations on organizational climate and staff productivity. (1 Acknowledge point)