Dinesh Divekar
Business Mentor, Consultant And Trainer
Rdsyadav
Educator, Management Consultant & Trainer
+2 Others

Thread Started by #mbautista.cdmc

Dear All,
The management decided to terminate our architect that is based on site after discovering that funds were not used properly: substandard materials, over pricing for both labor and materials. After enquiry, technical reports were all unsatisfactory. She was only 3 months with the company. Please help me draft her termination letter. Thank you all!
24th October 2016 From Philippines, undefined
MBAUTISTA.CDMC,
Before termination, it is important to conduct domestic enquiry. On the strength of technical enquiry alone, it is not advisable to terminate an employee. For the acts omission and commission, if not domestic enquiry, issue her at least show cause notice. In the reply, let her admit lapse of judgement. Based on this reply, tell her to put up letter of resignation.
Is the employee under probation? If yes, she can be terminated anyway. Just tell her to submit letter of resignation. However, in the letter of resignation she should admit her lapses.
Thanks,
Dinesh Divekar
24th October 2016 From India, Bangalore
Before inflicting any punishment or terminating any employees, he/ she should be given an opportunity to explain as per Principles of natural justice.

Go by serving a show cause and if her explanation is not satisfactory then follow the domestic enquiry procedure, which stands legally valid in case of any representation in future by the delinquent before court of law.

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You can use this letter which I've collected from Cite HR itself;

"We are in receipt of your written explanation dated --- in reply to the show cause letter issued to your under letter ref dated--- which has been found unsatisfactory.

Your are therefore charged under clause no--- , (state the relevant portion of the clause). In that it has been reported ----(give the Full incident)

In accordance with the provisions of clause of -- of Standing Orders an Enquiry Committee will meet to investigate above charges levelled against you in the office of the -- at --- hours on--- and you are directed to be present thereat to enable you to conduct your defense properly and adequately we send herewith copy of the Standing Orders and copy of the complaints in this connections on which the Company may rely at the time of Enquiry.

At the Enquiry you will be given full opportunity to conduct your defense by examining your witnessess and cross examining the Company's witnesses. Should you fail to present yourself at the enquiry it will proceed exparte".

Divekar Ji: Please throw some light on this topic, if there are any changes to be incorporated. bcoz I just don't want to feed anyone with false info. A gentle discussion in this regard, will patch up the false things if any.

Regards,
24th October 2016 From India, Hyderabad
The letter was actually drafted by Mr. Swastik 73. I've collected it from his posts. You can go and search his posting on the matter being discussed.
Swastik73: Please apologize me I've used your name without your permission. Hope I have not done anything wrong.
24th October 2016 From India, Hyderabad
Dear SNRAJARYAN,

Instead of copying the show cause notice, you could have just posted a link of that thread. Anyway keep it aside as of now.

We do not know about the misuse of the funds. Was it due to error of judgement or out of malevolent intent? Since the employee is on probation, show cause notice is sufficient. Nothing wrong in conducting domestic enquiry which will bolster position of the employer however, it is time consuming too. However, if the enquiry is conducted, losses caused to the organisation also must be ascertained.

Questions to MBAUTISTA.CDMC: - Architects not necessarily go to the site then why this Architect went to the site? Secondly, nothing wrong if Architects have office at the construction site itself. However, why this Architect was involved in the activities of purchase, quality and site engineer? When the material was ordered, was it ordered to the authorised vendor? Who has done vendor evaluation? On what parameters has it been done? If the defective material was sent to the site then why it was approved by the quality department? Why Stores personnel issued the material without getting Technical Inspection Report? For overpricing of the material, why Purchase department is not held responsible? Going further, why architect negotiated with the labour contractor? Why not project manager or site engineer? When all this was happening why Project Manager was silent? Why he did not intervene timely? All these questions must be taken up if the enquiry is ordered.

Final comments: - Nothing wrong for taking action for professional failure. However, we need to find out was there systematic failure and now we are assigning the blame to the individual. Ordering the material, doing price negotiations with the labour contractor was it part of Job Description (JD) of the Architect? If yes, was copy of JD issued to the Architect officially? If not, then whose failure is this? [i]Please note that by making someone scapegoat, organisation's ills cannot be cured.

Thanks,

Dinesh Divekar
24th October 2016 From India, Bangalore
The employee is an Architect , an employee in MANAGEMENT STAFF CADRE.
So, you need not bother about Standing orders and any domestic enquiry. Issue a show cause notice , call for a written reply.. You then issue termination letter stating that explanation is not satisfactory and on the alleged serious and grave charges, her services stands terminated wef.....................
Regds,
RDS Yadav
Labour Law Advisor

25th October 2016 From India, Delhi
Thank you all! All your suggestions really helped a lot. So thankful for this site.
26th October 2016 From Philippines, undefined
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