Saswatabanerjee
Partner - Risk Management
Psdhingra
Legal Analyst, Hrm
Kamalkantps
Advocate
Kishorkulkarni
Law Practice
[email protected]
Retired Government Servant/advocate
Ed Llarena, Jr.
Owner/ Managing Partner
[email protected]
It Program Manager
Gfx3d
Advocate
Riteshmaity
Labour Law Advocate
+1 Other

Anonymous
Dear Seniors,
I would like to ask can we terminate a Manager who had 2 affairs in our office and both the employees ( Executive ) have given written complaint against him? When we received 1st complaint saying that he is mentally harassing as he is carrying with other employee. On that company has given him verbal warning as it was consensual relationship so not coming under POSH. But now we have received 2nd complaint from other employee saying that he cheated her and also revealed information about company and new processes etc. He put false allegations on Directors and other Manager as well.
Kindly guide me on which grounds can we take action and can we terminate him?
Please reply.

From India, Mumbai
Hi! Look at your labor laws and the internal rules and regulations of the company covering the matters that you mentioned. Then act correspondingly based on them. Best regards.
From Philippines, Parañaque
Yes. You can. But you need to take the proper steps. First thing is to issue a suspension. And revoke all his data access and right to files
You need to speak to your lawyer to see if this is a criminal case and if your directors wish to pursue it then file an FIR also
Then you need to initiate domestic inquiry both under the standing orders and under posh and proceed. Termination is an acceptable penalty for the misconduct you claim he is guilty off. But ensure that the rules are properly followed in both cases including rules of natural justice

From India, Mumbai
Does so called cheating comes under sexual harassment at work? I do not think so. If you stick to the cheating element I do not think there is any case.
And can a company files a case for cheating in terms of relationship with the employee on the allegation of an employee? It is better if the concerned woman employee takes action against him if required.
It is better to start a proceeding under Prevention of sexual harassment and basing on the report of the internal committee you can take steps.

From India, Kolkata
Ritesh There is a case here of the manager revealing Comoany trade secrets and processes to an outsider (Competitor perhaps ?) I was referring to filing a case for that
From India, Mumbai
I smell some artificiality in your query. You have not mentioned in what capacity of yours in the company you have asked the query.
Anyhow, false or true allegation, you will have to go through the process given prescribed under POSH. You don't have any right to straightaway terminate the manager on that count. The charge has to be proved by the accuser.
Secondly, as against the title of your query, nowhere in your description of the query you have mentioned anything about revelation of business information of the company and to whom? Discuss if you have any proof about that.

From India, Delhi
The facts mentioned and the tone and tenor of the query suggests that the allegation of 'affairs' is an after thought or invention. Prima facie, the issue appears to be something else and the POSH is being tried to get rid of the inconvenient employee.
From India, Kochi
Anonymous
Dear All,

Thank you very much for your replies.

I am working as HR Manager in BPO. We have sales outbound process. The query which I have raised is about our Sales Manager who had affair with one of our employee ( Executive ). After some time he started affair with another new joinee ( Executive ) so the 1st employee complained that she can't concentrate and not able to perform bcoz of their acts & behavior in the office. But it was consensual relationship so we have just counselled him for not doing such things in the office.

Now we have received complaint from 2nd employee (new Joinee) saying that he cheated her means they have started carrying on but he hided his affairs which she came to know later on and again he is trying on other new joinee. So she raised question that how can company stop this person who is approaching new joinees for relationship. He is not using his designation power directly but yes indirectly he is doing so. He is spoiling reputation of the company and no female would like to work in such environment. On this also company has taken decision that as it is again consensual relationship we can't take action on her allegations for cheating her.

But that employee has came up with the complaint that Sales Manager revealed some information about processes and business secrets to her. He told her that we are going to start some new processed and bosses are going to shift him there for 15 days. He has given false information to her that one of our branch is going to shut down as not making profits. He told her that our Directors as also taking salary and not profits ( when previous HR left Sales Managers used to do Payroll so he had the access of Salary data)

He told both the Executives when they were carrying on that he will take them in new processes and if they are not able to get the card then they can pass the call to him and he used to escalate the call for them.

He has taken favors in the form of money from them which is against our policy.

He told both the Executives that other Manager is playing dirty mind games and biased . Directors as also biased and they will give promotion to other Manager. When that Manager asked explanation for this in front of Director he just apologized for saying that.

He told her that when 1st employee given written complaint that time also Directors told him to tell that employee to take complaint back. But she has not taken it back. So he told her as well that bosses told him to convince her to take complaint back. The same thing he told to other employee ( with whom he had second affair ) which is false allegation on Directors.

Also he told both of them that company can't take any action against him as it is personal matter and not official so whoever female employees will join this company I will try on them.

Now I have given the full picture of whatever has happened. My Directors wants to terminate him but it has to be as per Law.

Kindly guide me on this Please.

I need your guidance.

From India, Mumbai
Firstly, you will have to investigate (in a fair manner and without bias), the truth in allegations vis-a-vis the behaviour of the Manager. If you find the allegations are true and the behaviour is unbecoming, certainly you can issue chargesheet, ask for explanation and by giving him a reasonable opportunity to defend, conduct an inquiry and take proper decision. ( The entire procedure of Inquiry cannot be elaborated here)
As Learned member Mr. Saswata Banerjee arready pointed out, you will have to suspend his powers etc even to his entry in office and all such necessary steps.
It may be suggested that, for a Manager, Company can terminate his services at any time and why any inquiry is necessary at all.??? But, please note that, when any person is removed putting charges or stigma, he must be allowed to be defended. Otherwise, if termination is challenged by Manager in any Civil Court, the Company will have tough task to justify its action.

From India, Kolhapur
Anonymous
Thank You very much for your reply Sir.
We have already given him chance to defend and he confessed in the front of one of our Director. Please guide me what is the procedure we need to follow now. Do I take signature on the document which I prepared mentioning that he was found guilty for false allegations on other Manager and revealed information or just have to keep the document in records. And on his confession can company terminate him? or just we have to suspend him.
Please guide.

From India, Mumbai

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