Hello everyone,
Need your advice on the following issue: I am HR of a midsize organization. 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 us on WhatsApp regarding his medical condition but never called or emailed regarding leave despite reminders. Additionally, he has been issued memos several times previously for various reasons, and the organization may have terminated him based on those behavioral issues. However, we terminated the employee when he was medically unfit, and after 2 months, the employee has written an email threatening the management that his job be given back to him, or he will take the matter to the labor court.
Kindly give suggestions on how we should proceed.
From India, Thane
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Need your advice on the following issue: I am HR of a midsize organization. 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 us on WhatsApp regarding his medical condition but never called or emailed regarding leave despite reminders. Additionally, he has been issued memos several times previously for various reasons, and the organization may have terminated him based on those behavioral issues. However, we terminated the employee when he was medically unfit, and after 2 months, the employee has written an email threatening the management that his job be given back to him, or he will take the matter to the labor court.
Kindly give suggestions on how we should proceed.
From India, Thane
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Hi,
Leaving without information to a superior is misconduct. However, you are claiming that he had updated about his medical condition through WhatsApp. What is the nature of the medical issue, and how long has he been associated with the company? If he has been working for many years and is loyal to the company, then the employer should support him when he is facing medical issues.
According to your statement, many memos have been issued to him several times for behavioral issues. Is this documented in his file? Did he sign the copy of the memo as a token of acceptance?
Before terminating his services, have you followed the disciplinary process, such as issuing a warning letter and providing sufficient opportunity for him to respond, etc.? Even though you have evidence of past behavioral issues, if the termination process is not followed properly, he can defend himself in the Labour Court by claiming that the principles of natural justice were not followed and that the termination was biased.
Ensure all his past records are ready in the file. In case he approaches the Labour Court, you can defend the employer's side through a Labor Advocate. Despite repeated follow-ups, the employee didn't turn up, and sufficient opportunity was provided for him to report back.
From India, Madras
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1015Leaving without information to a superior is misconduct. However, you are claiming that he had updated about his medical condition through WhatsApp. What is the nature of the medical issue, and how long has he been associated with the company? If he has been working for many years and is loyal to the company, then the employer should support him when he is facing medical issues.
According to your statement, many memos have been issued to him several times for behavioral issues. Is this documented in his file? Did he sign the copy of the memo as a token of acceptance?
Before terminating his services, have you followed the disciplinary process, such as issuing a warning letter and providing sufficient opportunity for him to respond, etc.? Even though you have evidence of past behavioral issues, if the termination process is not followed properly, he can defend himself in the Labour Court by claiming that the principles of natural justice were not followed and that the termination was biased.
Ensure all his past records are ready in the file. In case he approaches the Labour Court, you can defend the employer's side through a Labor Advocate. Despite repeated follow-ups, the employee didn't turn up, and sufficient opportunity was provided for him to report back.
From India, Madras
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