Dinesh Divekar
Business Mentor, Consultant And Trainer
SPKR
Consultant In Education, Real Estate, Home
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
+2 Others

Hi actually one of my emplyees was blamed for theft in my hospital and he is not coming on duty after that inspite of giving him 2 letters one warning and other absconding he is still not coming what should I do next plz help me in this
17th September 2013 From United States, Torrance
Dear Sunny,
I recommend you ordering the domestic enquiry. If there is sufficient material evidence then lodge police complaint against the employee. In case you have only the circumstantial evidence and not material evidence then make a police complaint for theft and not against any person. Either way let police authorities investigate the case.
Make sure that enquiry is conducted in free and fair manner and it should not be vitiated in any way.
Thanks,
Dinesh V Divekar
18th September 2013 From India, Bangalore
Hope your query is in the context of employment practices in India.As one of the absenting employee has committed a misconduct of theft, you need to initiate disciplinary action against him for the misconduct for which you have to serve a chargesheet on the employee concerned. The evidence whether direct or even circumstantial shall be capable of proof and is enough to prove the charges as the degree of proof in domestic enquiries is not as strict as in criminal proceedings.

As regards the other employee who is abscoding, the standing orders/servcierules/company policy will normally have clause on loss of lien by which an employee looses lien on his job if he absents continuously for 8 or 10 days without sanction of leave.If you have such clause, you can invoke it and treat him having voluntarily abandoned the job but not before issuing him notices for reporting for duty and explain his absence to comply with principles of natural justice.

B.Saikumar


18th September 2013 From India, Mumbai
Dear sunnyjuneja
In addition to the above responses, I would like to add:
What is the value of the stolen item??
If it has substantial material value, then only a police complaint would be justified.
A departmental enquiry must be constituted to go into the allegations.
A Preliminary enquiry may be held to ascertain prima-facie the facts about the incident and responsibility to be fixed.
The above suggestions would be applicable in case you want to proceed in a fair and legally-compliant way.
Warm regards.
18th September 2013 From India, Delhi
Actually it was a ram which qas found not in place from the department computer and the employee has agree that he has opened the cpu but not taken out the ram and inspite he is not coming on duty and can I terminate that employee on the basis of this
19th September 2013 From United States, Torrance
Just because the employee is not coming to duty, does not prove that he has stolen the material.

However, one can take disciplinary action on account of this absence.

#2. Why did he open the CPU ?

Was it for some repairs; and is he entitled to do so ?

If he states that he has not taken the RAM, is it possible that it has been misplaced ?

RAM is a very small component and 1GB/2 GB RAM used in PC's do not have much resale value.

Ascertain the value yourself from the market.

Can an employee risk his job for this ?

Click these links to find the retail price of a brand new RAM :

Page No. 2 - RAM Price List in Nehru Place Market - Latest DDR Memory RAM Price - DDR1, DDR2, DDR3 RAM Price in NehruPlace today

Transcend DDR3-1333/PC3-10600 DDR3 2 GB PC RAM (JM1333KLN-2G) - Transcend: Flipkart.com

You have to find answers to these questions and go over the matter without any prejudice and accordingly ensure that the employee is treated fairly; rather than use the incident to fire him.

Warm regards.
19th September 2013 From India, Delhi
Hello Sunny
If these are the only circmstances for you to assume that the employee has stolen the ram, it may not sustain the charge of theft as Mr.Rajkumar said. Thereshould be either a direct witness who has seen him stealing or he must have caught redhanded with the ram in his possession outside the office premises or by Security at the gate while leaving for home(if you have one) or some other circumstantial evidence to support the charge.Even if you recover the ram from his possession outside the office premises., how you prove that it belongs to your office. There should be a corroborative evidence not assumptions to proceed in case of serious charges like theft. You may issue a warning letter for being negligent in loosing ram after making enough effort to search and loacte it.
B.Saikumar

19th September 2013 From India, Mumbai
Dear sunny,
You are not sure of the theft committed by the absentee worker, who is working under your control. You have take correct action by issuing notice of recall ( I presume). This is sufficient to report the fact to your higher authority, for further action, that serves the purpose.
SPKR
19th September 2013 From India, Bangalore
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