PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Workplace Assessment And Training
Delhi Area Manager
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aussiejohnIt is unlikely anyone here can help you - other than trying to facilitate finding you a job of some sort.
You appear to have taken all the actions that a reasonable person could take and that has not yielded the result you want. As the case gets older and older, your chances of an equitable settlement seem very slim, given that it appears the onus of proof is on you as the company is sticking to its guns.
My only suggestion is to find a gun lawyer is would relish taking on a case like this and fight to the bitter end. However, that is going to cost money, a commodity in short supply I suspect if you have not worked for 5 years.
It seems you have reached the end of the line with this, and the best option may be to take what is being offered, and draw a line under the whole sordid affair. You are going to have to find a way to rehabilitate your career, and that probably means starting somewhere in a menial job and rebuilding trust, honesty and a sound work ethic. Yes it will be hard, bloody hard, but if you have the guts and determination to succeed, you will. Other people have come back from far worse and succeeded, so can you.
From Australia, Melbourne
KK!HRIt appears that your matter is pending in the Civil Court after the Labour Court felt it has no jurisdiction since you were a Manager. The Civil Court can only grant you compensation for illegal termination. The Civil Courts do not have jurisdiction to reinstate you in service, unlike the Labour Court which has been specifically granted the power to review punishment imposed. So don't expect the Civil Court to grant you reinstatement, as regards compensation it has to be in terms of the loss occurred. You have to assert the losses occured due to termination, the loss of salary is one, for other losses, they have to be pleaded and proved. In Indian Courts for the loss of mental peace and harassment, much compensation is not granted. You go by the advice of your advocate who knows the facts of the matter.
You are eligible for employment and since the allegations are not proved, there is nothing against you. Rest is a matter of chance and luck
From India, Mumbai
I worked for retail company from 2014 to 2017. In may 2017 company asked me to come ho n gave me documents of false allegations of overcharging conveyance on travel in other states of delhi. Company showed google maps distances of different dates n said distance is small but conveyance is big
I told all are genuine expense. N as per policy if conveyance are excess, it will be paid as per eligibility. There is no company policy written if expenses are excess staff will be terminated. Company didn't listen n banned my entry n after 15 days they terminated me on false allegations n didn't pay 3 month notice salary.
I took matter to labour court. Company could not prove misconduct in court n court took decision against company but no relief of job was given to me as I was manager not labour. I took matter to tis hazari court. Company again trying to prove misconduct in cross with me. Judge is asking company for settlement for me.
Plz clear my querie
1. Past 5 years I could not get job due to termination on fraud mentioned on letter. N thus losing 12lacs annual salary since 2017 till now plus big mental harassment plus profile plus interest on salary of 5 years. I have been applying JOBS no hr wants to listen anything. They say we dont want to talk ob. How I can claim these though I asked for these claims in court. Judge wants me to prove my damages ..how can I prove damages n claim of salary interest profile mental harassment future career salaries?
2) How much can I get
Can I get my job back
If I settle company said will give me only 8lacs ,no job ..this way I will remain jobless forever. Should I settle matter? Or continue fighting case to get my job back n all salaries interest mental agony charges asper my claim in court application?
4)Will other future companies will not ask n verify my past experience in all previous company. This way lifelong i will dragged in trouble ??
5)Can I get job after so big career gap of 5 year.
6)Can I get job with termination letter of fraud mentioned?
7)If anyone called for job..I told them truth but none gave me job n dint give me writing why they dont want to hire me. Tough I told them in court has proved my right still they dont want to talk. Company gave negative feedback to other company about me plus termination letter also says same. This way my image is damaged forever. How can I claim for image damages of my future career n salaries of 22 years of work as my age is36 years ?
8)Can any company give me job when I dragged a company to court on false allegations?
Everyone kindly suggest rightly.
From India, New Delhi
aussiejohnThere is no need to duplicate your thread. I have merged the two into one thread.
From Australia, Melbourne