Hi,
An employee from our company was terminated on the basis of misbehavior with a women employee. There was no prior notice given to the employee. He was appointed as a full time permanent system admin. Can anyone tell me was that a right move from the manger's side?
From India, Bangalore
An employee from our company was terminated on the basis of misbehavior with a women employee. There was no prior notice given to the employee. He was appointed as a full time permanent system admin. Can anyone tell me was that a right move from the manger's side?
From India, Bangalore
Please refer the code of conduct of your company, misbehaving with a women can be termed as sexual harassment which is a misconduct and it leads upto termination
From India, Ahmadabad
733From India, Ahmadabad
Hello,
As per my opinion without investigate the matter no company have any rights to terminate an employee.there should be a system or a flow diagram to investigate the department inquiry.
If the case is severe than management can suspend the employee for time being ups too departmental inquiry.
Please share the matter in brief so we could put some more lights in these issue.
Regards,
Ashish
From India, Pune
As per my opinion without investigate the matter no company have any rights to terminate an employee.there should be a system or a flow diagram to investigate the department inquiry.
If the case is severe than management can suspend the employee for time being ups too departmental inquiry.
Please share the matter in brief so we could put some more lights in these issue.
Regards,
Ashish
From India, Pune
Sir,
Misbehaving towards a woman employee leads "Sexual harassment" in an Establishment and if this act is proved, is a punishable office. As stated in some comments, even though this act is not included in your Code of Conduct or Certified Standing Orders, NO management can support an employee who has involved in sexual harassment if proved; because this condition is specifically included as per Supreme Court Decision. As such:-
a. Show cause Notice should be issued by a person who has the locus standi to issue, asking for explanation.
b. If the explanation is not satisfactory, a proper domestic enquiry has to be conducted as per the complaint from the woman concerned.
c. If the charge is proved a second show cause notice also should be served and if that reply from accused is again founds unacceptable to the management, suitable action can be taken against to the accused as per rules permit.
Since the management adopted a procedure which is against the Principles of Natural Justice, this matter has to be referred for Conciliation before the appropriate authority immediately.
Jagdish.K
Kochi
9947662384
From India, Kochi
Misbehaving towards a woman employee leads "Sexual harassment" in an Establishment and if this act is proved, is a punishable office. As stated in some comments, even though this act is not included in your Code of Conduct or Certified Standing Orders, NO management can support an employee who has involved in sexual harassment if proved; because this condition is specifically included as per Supreme Court Decision. As such:-
a. Show cause Notice should be issued by a person who has the locus standi to issue, asking for explanation.
b. If the explanation is not satisfactory, a proper domestic enquiry has to be conducted as per the complaint from the woman concerned.
c. If the charge is proved a second show cause notice also should be served and if that reply from accused is again founds unacceptable to the management, suitable action can be taken against to the accused as per rules permit.
Since the management adopted a procedure which is against the Principles of Natural Justice, this matter has to be referred for Conciliation before the appropriate authority immediately.
Jagdish.K
Kochi
9947662384
From India, Kochi
Sir,
No, any person can not be terminated without being given a prior notice to justify himself/herself for the cause for which he/ she is alleged. Kindly go through the standing instructions as mentioned in the codes of conduct ; work ethics of your company.
Secondly, yes if a proper justification with validations are not found appropriate, then a severe action can be taken against you; that can lead a female to lodge an FIR against you and lead you to imprisonment and a fine upto INR 5 lakhs.
If alleged is not found guilty and a clean chit is given to alleged, alleged can lodge a complaint against her and take compensation against the same. But Indian laws are liberal to the ladies, so beware what you want to do should not lead you into trouble
Ankit Bangur
Advisor
From India, Indore
No, any person can not be terminated without being given a prior notice to justify himself/herself for the cause for which he/ she is alleged. Kindly go through the standing instructions as mentioned in the codes of conduct ; work ethics of your company.
Secondly, yes if a proper justification with validations are not found appropriate, then a severe action can be taken against you; that can lead a female to lodge an FIR against you and lead you to imprisonment and a fine upto INR 5 lakhs.
If alleged is not found guilty and a clean chit is given to alleged, alleged can lodge a complaint against her and take compensation against the same. But Indian laws are liberal to the ladies, so beware what you want to do should not lead you into trouble
Ankit Bangur
Advisor
From India, Indore
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