Nagarkar Vinayak L
Hr And Employee Relations Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants
Insolvency N Gst Professional

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Hi. Good Day.
I have a particular query regarding disciplinary proceedings and thought of sharing here for expert veiws. The scenario and query is as follows:
1. An organization conducts disciplinary proceedings against Mr. Don, based on complaints from another employee.
2. As part of the disciplinary proceedings, Mr. White is called as one of the witnesses.
3. During the witness interview, Mr. White provides evidence regarding Mr. Don. In addition, Mr. White also discloses additional information regarding breach of company policy by another employee of the company (e.g. Mr. Jones).
4. Based on the additional information disclosed by Mr. White about Mr. Jones, the organization intends to initiate disciplinary proceedings / investigation against Mr. Jones.
5. Can the organization initiate an investigation / disciplinary proceeding against Mr. Jones, based on statement made by Mr. White in the other disciplinary proceedings (against Mr. Don)? If yes, would Mr. White be obligated to provide evidence against Mr. Jones in the proceedings against Mr. Jones by the organization?
Looking forward to your thoughts.
Thanks and kind regards

From Bangladesh, Dhaka
When during the course of an enquiry additional information comes up regarding other illegalities, the enquiry officer is duty bound to report the facts and get fresh orders whether these are to be investigated by him or some other official will enquire into new facts/information.
The statement of Mr White will be the starting point of the enquiry into new issues which have come up.

From India, Pune
The Punishing Authority/ Discip0lining Authority need to initiate Action-Steps, de novo based on the Facts and Circumstances showing up during ongoing Inquiry Proceedings, including the following:
1. Informing the Delinquent Employee about the"facts constituting "allegations/Charges of Misconduct Now surfaced
and giving him/her an Opportunity to know them so as to prepare and put up his/her "defence";
2. On receipt of the sought "Reply"/ "Explanation" in writing, the P Authority need to apply his/her mind to the
Defence and arrive at a decision to proceed or Not to proceed with a Full-Fledged Internal/Domestic/
Departmental / Managerial Inquiry, as it were in accordance with the universal Princiles of Natural Justice;
3. Appoiting an Inquiry Officer or Committee to inquire into the allegations, as per laid down procedures for such
Inquiries and await Inquiry Report with Definite and Conclusive Findings; and
4. Apply his/her Mind to the Facts of the case so ascertained by the Inquiry Officer or Inquiry Committee and
decide awarding Proprtionate Punishment or Condonation, as the case may be;
The Presenting Officer/Management Representative may present/examine the Evidence or Facts which surfaced in previous Inquiry giving all reasonable Opportunity to the Defendant to Cross-Examine them.
That should, in nutshell suffice. Justice be Done and also Seen to have been Done ( Being Fair, Just and Proper)
Kritarth Team of Internal Inquiry Professionals
22nd Jukly 2018

From India, Delhi
The management has to take the written complaint from Mr. White in a separate sheet as made statement in the case of Mr. Don against Mr. Jones.
On getting the written complaint the management has to critically examine to know the whether the complaint has got substantial facts to act upon or not. Once management satisfied, then management call for explanation in writing to Mr Jones to give in writing why management would not take action against him for his alleged misconduct.
On receipt of reply from Mr. Jones management has to take a decision, whether to start proceeding or not.

From India, Mumbai
Dear colleague,
Before proceeding against Mr Jones formally, you need to make fact finding investigation into the statement made by Mr White in another enquiry . He has deposed in the enquiry and not complained against Mr White.
After your preliminary investigation , if you think that the alleged act of misconduct has substance and Mr Jones is willing to participate in the domestic enquiry as witness and depose in favor of the charges, then you can proceed against the delinquent after examining all legalities, context and implications on employee relations.
Vinayak Nagarkar

From India, Mumbai
Dear All,
Thanks very much for your valuable, expert inputs. The message is clear in general.
One follow up question - What if the statements made by Mr. White (the witness) against Mr. Jones (the alleged delinquent employee) is of a general nature for which Mr. Jones does not intend to submit any written complaint against Mr. Jones (e.g. Mr. Jones regularly smokes in company premises in no smoking zones or he misuses company assets etc.). In such cases, can the employer initiate disciplinary measures against Mr. Jones on its own based on the witness statement of Mr. White, without any additional / specific written complaint against Mr. Jones by Mr. White?
Thanks and kind regards

From Bangladesh, Dhaka
Dear Colleague,
I share my views as follows:
Going by the the experience so far, women workers whether doing manual /physical labour in farms, construction sites or in AC offices, they have shown ability to withstand and bear passing through these perceived ' difficult' days.
Therefore, granting menstrual leave across all segments of women workers, will be nothing short of insulting their ability,
Besides, it would increase non-working days for women workers and incur additional cost to companies.
Granting leave on case to case basis would be better option rather than making it blanket application.
Some progressive companies are already providing sanitary napkins and good medical facilities at workplace.
Vinayak Nagarkar

From India, Mumbai
Dear colleagues, My views above on menstrual leave have appeared wrongly in this post. Please treat it as part of the topic of menstrual leave. Regards, Vinayak Nagarkar HR-Consultsnt
From India, Mumbai
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