Thread Started by #vchow

As we clearly mentioned our employee no leaves in probation and she has taken 7 leaves from 1-25th of march 2019 even though we told her no leaves in probation.She joined in Feb-20th 2019 and two leaves in feb from 20th to 28th.
She is for marketing position and she simply searching for other jobs and attending interviews(reason for her leaves) and ironically searching for her partner in marriage sites in office and also spoiling other employees. Her probation is 6 months .
As we vexed up with her we decided to terminate her from tomorrow. Any problem Will arise and is that the correct decision we have taken?
25th March 2019
Hi Vchow,
Decision is yours. But as a precaution you should follow certain basics right. Conduct/obtain a 'self appraisal' or performance review based on the assignments given to her. Obviously will be found wanting, there upon issue a directive 'to improve' lest open to termination as per the terms. Then, better conduct another review after a month or so and record the outcome, and proceed which will strengthen the procedure & natural justice of giving her an opportunity to improve, if she really minds.
26th March 2019 From India, Bangalore
Hi lml,
She is working for some other company and she terminated from her last job too with same reasons.Giving her chance is like we ourselves given her chance to spoil others more.Even in that performance also she proved poor and messaging MD and calling him in odd times to discuss the things and complaining on HR which is not right way to proceed. Considering all we have taken the decision.
28th March 2019
Hi Vc,
In proceeding with an intended 'termination' an employer is bound by law that a formal procedure is adopted in order to face legal challenges as and when raised. When a litigation is raised by the charged employee, an employer has to be armed with foolproof document(s)ation to defend the punitive action ultimately taken by them. This is the fundamental requirement of an IR/HR official at the helm of affairs. The argument that the services of charged employee in her past also has no locus standi so far as the action taken by the present employer is concerned. Once documentation is accomplished as required by law to meet the natural justice your job is half done. We have come across many judgments went against the action of employers just because due diligence of natural justice is not administered to the extent required as per law. You are free to take a decision but you can be successful only when enough care is taken those decisions capable of standing the test of law.
28th March 2019 From India, Bangalore
It is quite evident from your posting that the employee broke the condtions of service inpite of caution. No one can certainly be denied with leave for emergency & exigency. But in this case the employee absented for 7 on ground of leave besides weekly holidays within a month time, is well speak of the negligency of the employee.
You well can terminate, as substantial ground is existing to act upon. The termination should be on ground of absetism and not meeting the expectation as per job responsibility.
29th March 2019 From India, Mumbai
Yes its her clear negligence and we removed her on the grounds of violation of policy.
Thank you for the responses.
30th March 2019
The moot question is whether the employer has had refused to sanction the leave, as applied for, and had treated the period(s) as unauthorized absence. the period of absence was covered by leave, duly sanctioned and salary paid, it would be injudicious to consider it as a case of absentism.
30th March 2019 From India, Kochi
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