A man was sick by cancer since last two years. We paid him the salary last whole year, but now our HR said that stop his salary and issued him a warning notice as last warning notice and ask him to show the documents. we send him the letter through courier but due to wrong address the letter was returned. We send him enquiry notice on same address thats also return then we send the same letter on his new address. That is also returned due to the same reason we put his cell number on his address envelope. After that our HR decided to ex parte enquiry against him. Is it legal and can we decide ex parte enquiry after the second day of enquiry. and how? please help me in this matter immediately.
6th December 2018 From Pakistan, undefined
First of all when you have paid him salary, you cannot treat him to be absent, consequently no action can lie for that period. For the subsequent period the action is possible.
If the enquiry letter is sent to address given by the employee and it bounces back it is presumed that the employee is aware of the contents and is trying to avoid service of notice. The alternatives are to publish it in a local newspaper or get it pasted at the address given.
6th December 2018 From India, Mumbai
Dear Izaidi,
An employee has been suffering due to cancer and it appears that because of his disease he could not attend his work. Notwithstanding his absence, your company paid him the monthly wages. Your company's generousness is appreciable. Nevertheless, before disbursement of the wages, did any company visit his home or the hospital where he was admitted? When the employee started absenting, that time did your HR ask for the medical certificate? Did your HR verify the authenticity of the certificate?
When your company's administration took a decision to disburse the salary then it was their conscious decision. Now what exactly changed that merited sending notices to the absenting employee? Employee could have been kept on the rolls even without disbursing the salary. But then did your HR is smelling something fishy?
Your question is conducting the enquiry ex parte. You may do so but please check your country's labour laws. Secondly, let your HR investigate the whereabouts of the sick employee. If whereabouts are not established, then you may give notice in the newspaper and ask the employee to report for the duties. If he fails to report then you may conduct the ex parte enquiry and close the case.
Dinesh Divekar
6th December 2018 From India, Bangalore
Mr Dinesh Divekat has given a perfect answer to your query. Please initiate action as advised.
M. A. Kulkarni
7th December 2018 From India, Mumbai
Dear Colleague,
The concerned employee has been suffering from cancer for last two years which is within your knowledge. You have paid his salary for one year. What charges have you framed against him for which you want to conduct ex-parte enquiry?
You asked whether ex-parte enquiry can be conducted presumably for absence from duty for one year out of two years' absence due to cancer. You know his absence is due to compelling circumstances beyond his control. What makes you think that this is fit case for disciplinary action?
If you want to ease him out, persuade him to resign by paying separation package if your management agrees.
I don't know whether your labour laws support your action given the incurable nature of illness incapacitating him to attend office which fact is known to you.
In my view he requires to be shown full sympathy and not disciplinary action.
Vinayak Nagarkar
HR- Consultant
7th December 2018 From India, Mumbai
You know that the employee has been absent from duty as he is bedridden because of cancer. That being the reality, what is the issue to be inquired and ascertained?
8th December 2018 From India, Kochi
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