Dear All, I need judgement based information on the termination of senior personnel on the ground not producing the expected results for which he/she was recruited.

There is no concrete evidence that the senior person is indulging in un lawful activities after office hours as he is the custodian of keys. for which there is no proof only a oral complaint was received from the security. is this enough to terminate that staff.

need your inputs, please

From India, Mumbai
Dear Vengat,

You have received a complaint from the security personnel against the alleged involvement of a senior manager in unlawful activities. However, this could be a figment of imagination also. Unless you have concrete evidence, you cannot proceed in this matter. Why has suspicion been raised against the senior manager? Does he call third parties once everyone leaves the office? If yes, then find out who these people are and why do they come. If possible, find out more about these people.

To solve the issue, call the senior manager from the security agency and find out the scope to keep the senior manager under surveillance. Perhaps he might give better ideas. However, as this is a delicate issue, the surveillance activity has to be done surreptitiously.

If the senior manager has underperformed, then it is different altogether. Since this is a case of the senior manager, the issue of underperformance has to be discussed by the top leadership of your company. However, you need to have evidence of the underperformance.

Please note that you cannot use an alibi of underperformance since you are looking at suspiciously his overstay in the office after office hours. Both the issues are different and need not be connected unnecessarily.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear Vengat1975,

The termination may be of senior or junior personnel on the ground of not producing the expected results for which he/she was recruited is vague and illegal. I do not think the employee recruited by the employer hardly have the job quantification. There is hardly any case citation that favored the illegal termination.

Any termination of an employee without instituting domestic enquiry is bad and illegal in the eye of law. Termination without concrete evidence against misconduct is considered as 'malignity' and vindictive action.

In my view the person should take the legal recourse for his illegal termination by the employer .

From India, Mumbai
Dear Colleague,
Well said by our Colleagues in the above questions raised and thoughts given very clearly:

First Part:

Q : Judgement based information on the termination of senior personnel on the ground not producing the expected results for which he/she was recruited.

A : Unless otherwise the organization has a concretely build in system to compare the results for which the Talent was appointed vis-ŕ-vis What is the given result by the Talent in a measurable / quantifiable very scientifically measured/ documented the action is not possible. Such data has to be documented periodically explaining what was expected and what was delivered and written letters are to be given then and there. In this case the Talent has to be given Opportunity to give his explanation then and there and closing order has to be passed. Over a period once you have build in concrete evident proof and documented by giving opportunity to the Talent, then move on for a Domestic Enquiry. In the enquiry give all Opportunities as per Principle of Natural Justice to the Talent to defend his or her side. Then based on the Final Findings of the enquiry officer further course of action to be decided on merits. ( there should be no other ulterior motive)

Second Part:

Q : There is no concrete evidence that the senior person is indulging in un lawful activities after office hours as he is the custodian of keys. for which there is no proof only a oral complaint was received from the security. is this enough to terminate that staff.

A : In the absence of strong / concrete / authentic evidence like CCTV Footage proving unlawful activities after office hours strong action is not advanceable. Here the oral evidence of security may or may not be true and there are chances of 50:50 here. However we can not rule out the compliant of the Security which should not be neglected just like that but further probing needed in to the subject by collecting all related evidences in support of the compliant. Mobile Phone Recording, CCTV Recording etc. Then if we move for disciplinary action - show cause notice- domestic enquiry - findings - punishment; then it will be strong and the action will be speaking genuinely. Otherwise we can not find the tip of the long rope in a confused bundle and proceed for action needed.

Other dimension from Security angle and it is reported also and in the absence of such strong or concrete evidence until it is proved otherwise the key custodian has to be changed to any other Talent or Person immediately without giving room for further misuse. This is from practical perspective.

From the Legal perspective in both circumstances there should be strong evidence and proofs and a proper disciplinary process to be followed before taking any action on the Talent.

Thank You and God Bless You,
Dr.P.SIVAKUMAR
DrSIVAGLOBALHR
Tamil Nadu

From India, Chennai

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