Labour Law & Hr Consultant
Legal Analyst, Hrm
Retired Government Servant/advocate
Labour Law Advocate
1. Does her involving in sexual relationship violate the standing order?
2. Does such act fall under the professional misconduct?
3. Did you also remove those other employees with whom she had sexual relationship?
4. Did you conduct any domestic enquiry before terminating her service?
If not, then such termination is bad in law and illegal. She can easily challenge such termination and win the case and you will be liable to reinstate her and pay all backwages. And from her attitude as narrated by you, I am very sure with the help of the union she will raise an industrial dispute soon.
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31st May 2016 From India, Kolkata
Discuss with them the course of action.
What learned member above has written is valid and if things have not been complied with procedurally for termination,then you could face problems,including having reinstate the concerned lady.
What was the documented evidence of sexual misconduct?
Was it in work spot or during working hours or outside premises?
Her alleged misconduct may not be misconduct in legal terms if the acts were outside working hours and outside the working premises.
Review the whole matter in all angles,discuss with your top brass and decide on course of action.
31st May 2016 From India, Pune
1st June 2016 From India, Mumbai
2nd June 2016 From India, Kochi
Now, I suppose you have already terminated her without conducting any domestic enquiry. Have you issued any written termination letter? This has to be examined to see the reasons cited by you for her termination. You can seek injunction from labour court for restraining the dharna from being violent and for the protection of personnel and property. You can give a letter to the POlice asking for protection. If she approaches the Labour Court, you can take the plea that you will justify action by leading evidence before the court.
3rd June 2016 From India, Pune
These actions are only to save ourselves from legal action-justification.
The primary point here is did company follow proper procedure for termination?
Was the Sexual misconduct in office or outside office and office working hours?
Company is not a judge to someone's personal morality in my mind.
Her actions which lead to problems in office are the ones which matter.
Besides in this query-original querist is silent and we are discussing the matter and full inputs are lacking.In case original querist does not contribute further,I think thread should be closed.
3rd June 2016 From India, Pune
Since your post leaves everything else happened in between the alleged misconduct described in very vague terms and the punitive termination to the readers' imagination, one has only to presume that the political and trade union support given to the issue is because of your hasty decision without following the legal formalities. If the alleged amorous affairs within the place and course of employment are true, certainly it would be a misconduct whether mentioned so in the Standing Orders or not. But, you ought to have proceeded against all involved in it and not the women employee alone. Whatever the reasons for the procedural lapses are, it is better to settle the issue amicably by negotiating for a monetary settlement.
6th June 2016 From India, Salem
Though you haven't mentioned clearly as how you came to know this misconduct, enquiries take place, what are the findings and suggestive action for punishment. But one can understand it through her/ his personal exposure to the industry and human resource practices. It seems there are deviation in line with the natural justice process and the decision is being taken into hurry, which creates all nuances which you have shared in your post.
10th June 2016 From India, Gurgaon
12th June 2016 From India, Delhi