Hi, Is there is any option for an employee to keep his own lawyer, while a company conducts and internal enquiry regarding his/her misconduct?
The Principle of Natural Justice to be followed. Normally standing orders of the Company provides a clause prohibiting any Lawyer to appear for Management or for delinquent workmen. In the absence of any clause in Standing Orders, if you are allowing a lawyer to represent the Management, then you should give similar chance to the delinquent workmen, to be represented by his Lawyer. Failing which, the entire inquiry proceedings will be vitiated.
Dear, submit your request to the Enquiry Officer.Further you can take the assistance of your Co Employee to assist in the Enquiry
I agree with Mr.Baboo.
Generally, the employee is not entitled to take the service of a lawyer for his defence i disciplinary proceedings. However, the disciplinary authority can permit the employee taking the assistance of a legal professional if the alleged misconduct involves legal issues, esp. when the employer itself avails the service of a lawyer in presenting its case.
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