Lavika Yadav
Manager-hr
Nashbramhall
Learning & Teaching Fellow (retired)
Sushilkluthra@gmail.com
Consultant In Legal Matters
+1 Other

Hi. Recently a new guy joined our company and unfortunately I have to report to him. This guy seems to be playing dirty politics to get me off work. As a part of our daily discussion, we got into disagreements and he seems to have taken it very personally. Today he wrote an email to me copying HR and his boss about my conduct suggesting that my tone,reaction and agitation was unacceptable and that if it repeats he will have to take a decision. Now this guy's agenda is to kick me out of job because he feels threatened by me ( due to my tenure, industry experience and other skills). This is apart from petty tricks he uses daily to ensure that my day goes rough. Now, my question is, how do I deal with this man? I obviously don't want to quit just because another person has his insecurities? Is there a legal procedure to sue him for threatening me? Please advice.
29th January 2015 From India, Delhi
Hi,
If you are so confident about your tenure,skills and experience then do you think your company will let you go?
Another thing do u have any proof that he is threatning you and thus you want to sue him,How you are going to prove it??
Your manager will clearly escape as its company internal process to send employee warning letter if he/she is wrong somewhere.
Rather than wasting your time in legal suits try to talk to your manager and about his expectations with you.If still u guys are not able
to cope up then write a mail to your super HOD and HR and request them to change your HOD if possible.I hope you are good in tenure and
experience and company will surely respect it and will give you the solution.
Good Luck !!!!!!
29th January 2015 From India, Mohali
" we got into disagreements and he seems to have taken it very personally. Today he wrote an email to me copying HR and his boss about my conduct suggesting that my tone,reaction and agitation was unacceptable and that if it repeats he will have to take a decision."
Hi, getting into disagreement with a new boss is nothing strange. It happens to many. As we are set in our old ways and a new manager comes with his/her new ideas and work patterns. Also, a new manager feeling threatened by a subordinate who is more qualified and experienced is also nothing new. I know of many cases during my working life and also in retirement. When such disagreement occurs, juniors in hierarchy have to be very careful how they disagree. Sometimes our tone and body language gives an impression that we are attacking the person and such behaviour will not be tolerated.
You have been given some sound advice and kindly follow that.
29th January 2015 From United Kingdom
Your boss has set the ball rolling to create a pile of record against you........................and copies are marked to Line managers and HR to create evidence of 'Loss of Confidence'.......

You should submit a fitting reply...................and start building irrefutable record.................

The actions of Boss may have a tactical approval of Line Management/HR and it might be happenning as per script...

The issue is that you might be sending reply by intranet mail without any copy to you and later although the company is custodian of records it may not provide any access to your own communications hence find a way to keep copies or reply from personal email or by letter thru redg. Post.....

Handling the Boss is a skill and any skill can be acquired.......

Such matters are best handled by employee's unions/Trade Unions/Works Committee/Grievance Redressal committee when individual efforts fail...................

Are you aware that state of karnataka has made it mandatory for all establishments to have 'Grievance Redressal committee' that will equal number of employees...........................and that 'Works Committee' is an authority as per ID Act...........

Rowdiness of bosses is not an unknown thing and even courts of law have passed judgments by passing 'Rowdiness' on record ...........................

I have discussed it in detail at following thread;

http://www.lawyersclubindia.com/forum/3-months-notice-need-advise-86737.asp#.VMueTS2qr5Y

-------Rajasthan High Court

Bhanwarlal And Ors. vs
Rajasthan State Road Transport
http://indiankanoon.org/doc/510946/
“we have to travel through plethora of decisions of Apex Court and yet we are not wiser………………….
4. No one can tolerate gross indiscipline, corruption scandals, violent and rowdism in 'Boss chambers' or Corporation corridors and Courts can ill-afford to encourage them bordering on abetment. But veiled, camouflaged and masked actions of termination simpliciter in such cases whether raise eyebrows of "rule of law", "natural justice" patronagists is important facet in such 'endeavours' termination, in an economy cursed by massive unemployment may be termed as a draconian measure of last resort. 'Causa causans' of misconduct needs enquiry and not 'termination simpliciter' under Standing Orders and the Court can unveil and unmask the hidden foundation by removing plaster of 'innocuous' camouflage.
5.'Loss of confidence' of employer, whether consists of the same old wine of 'service at pleasure' in the 'new bottle' and whether it can be used as 'Allahdins lamp' again to 'hire and fire' and demolish and diminish 'status' to pure 'master and servant' "contract" is yet another dimension of this debate?
The new Industrial jurisprudence of the 'Third world' whether articulates, recognises or postulates "security of service" to workmen is a broad issue,…………………………………… …………………. all of whom have been bid "Goodbye" by unceremonious overnight, sack, without being told, "why so" and "why this homicidal lottery draw against them only"? In rule of law whether such powers are autocratic despotic and yet no exception can be taker, to them due to limitations of Article 311? If so whether Chapter V-A of the I.D. Act occupies this field making Clause 13 redundant is yet another important highlight of it.
30th January 2015 From India, Chandigarh
Basically, there should not have been any occasion to disagree because you have to perform the duties as the employer requires during the duty hours. I think by straightening out this the boss will not normally have that attitude which you are apprehensive of. But if you cannot see eye to eye then virtually it has become a battlefield. Then do your duties sincerely as per directions and suggested above keep record of conversation etc. If you are a workman then you have protection under ID Act. Then in case of illegal termination, you can challenge in labour court. If a union is there, then raise industrial dispute of unfair labour practice of threatening to terminate illegally. But if you are not a workman the law of the land that contract of personal service cannot be enforced but damages can be recovered, will govern the field.(Vaish Degree College v Laksmi Narain decided in 1975 by the Apex Court).

Further there are other laws for protection of women interest against sexual harassment, for SC and STs to take appropriate action.

Thanks

Sushil
31st January 2015 From India, New Delhi
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