Dinesh Divekar
Business Mentor, Consultant And Trainer
Bharat Gera
Principal Hr Consultant
Asst.commissioner Of Labour..a.p.

Thread Started by #Harikrishna.Lavu

We have terminated one of the employee due to not intimating formally regarding his leave, later we lost the project which is in the middle stage & heavy damage has happened.
We is have his 10 days of Salary,can we deduct the Salary or can we recover the damages occured for the company.
Can I know the process to recover the damages.We have sent the formal email regarding his terminaton also.
11th June 2018 From India, Mumbai
Do you have proper documents for his negligence due to company got loss. Conduct an enquiry for this then proceed further. (Follow the principle of natural justice)
11th June 2018 From United Arab Emirates, Dubai
Dear Mr.Hari,
it is to inform you that it is the case of pure negligence which leads to heavy damage to the company. In view of above status it seems that employee is high designated person as the project performance is based on his performance. First step is conducting domestic enquiry for the same and found the cause root. why he was not intimating his leaves to his superior. how he was leaving project without proper leave approvals.
after that you can issue first letter as show cause notice, then issue 2nd letter as explanation letter and final letter will be termination letter. please send all letters through Register AD to his permanent address and also forward the same through email. Keep all records for your future reference.
Please note you cannot recover the same from his PF or other social welfare schemes.
you can file a civil suit against him in later stage if he is not willing to pay back damages.
Pramit K. Singh
IR Professional
11th June 2018 From India, Noida
Dear Harikirshna,
The employee was on unauthorised leave. What was the duration of absence? How many employees were involved in the project? What was the designation or role or responsibility of the absent person? Why his absence mattered so much that it made your company to lose the project? Did your company fail to visualise risks arising out of absence of person and now you are blaming the employee?
Before sending "formal" email on the employee's termination, did you conduct the domestic enquiry? If not, then why? Any termination has to be preceded by domestic enquiry and now if employee were to approach the labour office or challenge the decision judicially, then what is your legal defence?
There are so many questions associated with your post. There is more than meet's the eye. Please give us complete picture.
Dinesh Divekar
11th June 2018 From India, Bangalore
It seems that you are in high anger than his done mistake..You may manhandle if you see him.directly.
Let see my answer
A notable company does not depend on a single person to loose such a big project because of one staff"s mistake or poor response or his absentism as per your words...
So it is clear you want to project his mistakes mega form to remove him with your personal disagreement with him ..mostly one's habbits etc.
No one object you to take action against any .... usually people say "you want to kill a dog say it is mad.."
Prepare for natural legal battle with him as per your anger decisions.
12th June 2018 From India, Nellore
Dear Friend,
You have not provided complete information so it is not possible to advise appropriately on such sensitive issue. Please come clean & provide total information.
Your query is pointing at inadequacy of the company to manage project. Have you inquired from the employee as to what compelled him to take sudden unauthorised leave. Please note that if the absence is because of some valid & sound reason you will loose the case in the court in case the employee challenges his termination.
No you can not recover damages from the employee if it is not part of the contract of employment even if you have lost the project midway.
Warm Regards
Bharat Gera
HR Consultant
13th June 2018 From India, Thane
The termination is illegal.
The person should initiate case aginst your establishment for his illegal termination as proper procedure not followed.
Your allegation of loosing project & incurring loss is not sound well or tenable. How a single person would be responsible for entire project?
Where is the issue to recover damages, when the person has already been terminated from the services?
14th June 2018 From India, Mumbai
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information and resources for business and professional growth. Register Here
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2017 Cite.Co™