Dinesh Divekar
Business Mentor, Consultant And Trainer
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
1962shrikant
Head - Ir/hr
Dine2
Manager Hr
HR SRI
Senior Executive Hr
+1 Other

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.
From India, Pune

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.
Thanks,
Dinesh Divekar
From India, Bangalore
Thanks Mr. Dinesh for providing your views on this case which is helpful for me go ahead further.
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
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.
Thanks,
Dinesh Divekar
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...
From India, Arcot
Dinesh Sir,
Thank you sir....
From India, Coimbatore
A great letter drafted. Thanks for sharing.
From India, Bengaluru
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.
Thanks
Kamesh 333.
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.
From India, Mumbai
Thanks Mr. Dinesh . I will act accordingly.
From India, Pune
Dear Mr Shrikant Bhalekar,
If the senior management observes some discrepancy or non-compliance, then they are free to order domestic enquiry. Domestic enquiry is not just restricted to the non-managerial cadre. Purpose of the enquiry is to find out the facts. It does not have powers to award the punishment. Therefore, your concern on manager's objection on domestic enquiry is misplaced.
Mistakes happen inadvertently also. But then why that manager wrote derogatory mail about senior management? If his hands were clean then he could have clarified his position. The manager did not bother to continue his employment but abandoned his duties. What does this show? He is running away because his hands could be deeply buried in the jam of corruption.
Secondly, in the legal parlance, the term "material evidence" is used rather than "visual evidence". Accounting records will have material evidence of deviation of the accepted standards.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Meenakshi,
Before conducting Domestic Enquiry , first of please go through your standing order of your company. Make points according to your standing order. Without that you will not be able to fight against it.
Thanks & Regards
Dinesh Kundu
From India, Calcutta
Dear Dinesh Divekar,
I appreciate your concern about Domestic inquiry, since the misconduct happen, we all should follow "principle of natural justice", hence we should give sufficient opportunity to defend about his misconduct. Meanwhile we can collect the required "Material Evidence", for the support of Disciplinary Action.
Dinesh, my flow is not to protect the person, but to protect the Management from speed of Disciplinary Action procedure.
From India, Mumbai
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