Dear All,

Kindly provide your suggestions and guidance for the below mentioned Case happened in my organization.
As there was one of our Employee in Accounts department working as Manger- Accounts. He made some mistakes while performing his work, occurrence of mistakes were not single, but it got repeated several times. The nature of some mistakes were unavoidable. When top management tried to confront the Manager for his mistake and for creating confusion between top management. The manager got offended and put a negative mail to everyone in the organization saying offensive words about our top management. Also he din't served his notice period and Just left the office.

We also had confidentiality issues with him and he has also signed the service level agreement for 2 yrs with us, which he broke and left. He just submitted his resignation and left without handing over his responsibilities .

Now i need help issuing a notice to him for being absent from work without approval. Also kindly help whether we can take legal action against the employee for sending negative mail to everyone.
21st July 2017 From India, Pune

Dinesh Divekar
Business Mentor, Consultant And Trainer
Gopinath Varahamurthi
Ass.professor/adm. Officer Ar Sri Krishna
Head - Ir/hr
Manager Hr
Senior Executive Hr
+1 Other

Dear Meenakshi,

Heading of your post is misplaced. It is more than just negative attitude. Your Accounts Manager has conducted following misconducts:

a) Job errors
b) Passing a mail to the employees with unsavoury comments against senior management personnel
c) Unauthorised absence from the duties

Now you may order the domestic enquiry for the above mentioned misconduct. If the employee attends the enquiry then well and good otherwise, if he remains absent for the enquiry also, you may record his absence and later award the punishment ex parte.

If the anomalies in the accounts are glaring then you may lodge the police complaint. However, take this call judiciously.


Dinesh Divekar
21st July 2017 From India, Bangalore

Thanks Mr. Dinesh for providing your views on this case which is helpful for me go ahead further.
22nd July 2017 From India, Pune

Dear Dinesh,

Goodafternoon sir, i would like to thank you for your good explanation and guidelines for our group queries.

sir, can you explain the domestic enquiry procedures and what is meant by ex prate punishment?

Thank you

Sridhar- HR
22nd July 2017 From India, Coimbatore

Dear Sridhar,

To know about the process of the domestic enquiry, there are whole lot of posts. You may go to search window and type enquiry process and you will get many posts. Otherwise go to Google and type "Domestic Enquiry Process Citehr" and you will get many posts.

To know meaning of ex parte, please click the hyperlink.


Dinesh Divekar
22nd July 2017 From India, Bangalore

Dear Friend,

In your posting..there is some smoke seems available...He made some mistakes, the mistakes unavoidable.." what is the meaning for that?" is the mistakes done by the person or there was a collective mistakes? this lines will give trouble, either the accounts department did not function properly or some elements of misappropriation in the name of mistake going in the books..and regarding mailing about seniors must have a serious view..As regard to absence you can conduct preliminary enquiry and take decision ex-parte.

1) First get the mistakes what you have all noticed and how the mistakes were unavoidable?
2) Get a letter from your seniors for taking an action appropriate to the offence otherwise the information become null and void in the format as the employee confront of provocation and absently sent to the seniors and to all employees, ensure he the employee disrespected the seniors in written format
3) Absence without information attract appropriate rules and clause of employee acceptance letter and working period this can be done independently
4) You can initiate disciplinary proceedings for absence with severe punishment for not handing over the post responsibilities, even you can initiate the proceedings with indiscipline activities

When taking an action be prepared with consequences ...merely taking an action will not give results...
22nd July 2017 From India, Arcot

Dinesh Sir,

Thank you sir....
24th July 2017 From India, Coimbatore

idealhr 16
A great letter drafted. Thanks for sharing.
24th July 2017 From India, Bengaluru

kamesh333 120
Dear Meenakshi,

Pl act ask suggested by Mr. Dinesh. One more point came to mind is that why that Manager even after knowing the implications very well left the organization with out any care and concern.

You need to look to the area whether he is having any critical information which affects the organization, just think about this also. In your communication you mentioned that " The nature of mistakes are unavoidable" & if they are serious in nature then you & management need to think before proceeding further. This doesn't mean to stop actions but think twice and proceed.

Kamesh 333.
25th July 2017 From India, Hyderabad

Mr.Dinesh Devakar,

He may object for Domestic Inquiry as he is working on Managerial post. ok about abeyance we can take action or today there are may facility available to recall. Instead of taking straight Disciplinary Action, we may think cool mind and should be called him for discussion, and can implement further course of action after verification of matter in details.

after verification of visual evidence should we start Disciplinary Action ??

we should verify the visual evidence also.
27th July 2017 From India, Mumbai

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