Hello everyone,

Need your advice on following issue:
I am HR of a midsize organisation. One of our employees (Driver) was on leave for almost 2 months and had not formally informed us or given any leave application. He has however informed on WhatsApp regarding his medical condition but never called or emailed regarding leave inspite of reminders. Other than that, he has been issued memos several times previously for various reasons and the organisation would have perhaps terminated him on basis of those behavioral issues. However, we terminated the employee when he was medically not fit and after 2 months the employee has written an email threatening the management that his job be given to him or he will pull the matter to labour court.
Kindly give suggestions as to how we should proceed.

From India, Thane


Leave without information to superior is a misconduct. However you are claiming that he had updated about his medical condition through whatsapp. What is the nature of medical issue and how long he is associated with the Company. If he is working for long years and loyal to the company , then employer should support him when he is having medical issues.

As per your statement previously many memos issued to him several times for behavioral issues. Whether the same is documented in his file. Whether he signed the copy of memo as a token of acceptance ?

Before terminating his services have you followed the disciplinary process like warning letter issued and sufficient opportunity should have been given to him to report back etc. Though you have evidences of behavioral issues in the past if termination process is not followed properly then he can defend himself in the Labour Court that principles of natural justice is not followed and it is biased termination.

Keep all his past records in the file ready and in case if he approach Labour Court you can defend employer side through a Labour Advocate in spite of repeated follow up employee didn't turned and sufficient opportunity is provided to him to report back.

From India, Madras
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