Dear Dilip
The steps you have suggested in respect of the incident will be useful to search for long term solutions to prevent such unseemly behaiour among the employees such as conducting a training on behavioural management or anger management for both workmen and supervisors etc.. Whatever be the reasons behind the workman's present behaviour, it is highly subversive of discipline and do not justify his condcut of heaping insults on the manager and humiliating him by using foul language and in downright disreagrd for his self-respect, esteem and image and thus needs to be dealt with from disciplinary angle which the company has already taken. The only issue that remains to be seen is whether the dismissal will be disproportinate for this kind of misconduct.There are umpteen judgments that upheld dimissal for such indecent behaviour.However if there exist mitigating circumstances like that it is the first incident or it was the result of provokation from the manager but for which the workman wouldnot have misbehaved etc. can be considered in reducing the quantum of penalty but not dispensing with penalty so that it will act as deterrent for other workers in future.
B.Saikumar
HR & Labour Law advisor
Mumbai
The steps you have suggested in respect of the incident will be useful to search for long term solutions to prevent such unseemly behaiour among the employees such as conducting a training on behavioural management or anger management for both workmen and supervisors etc.. Whatever be the reasons behind the workman's present behaviour, it is highly subversive of discipline and do not justify his condcut of heaping insults on the manager and humiliating him by using foul language and in downright disreagrd for his self-respect, esteem and image and thus needs to be dealt with from disciplinary angle which the company has already taken. The only issue that remains to be seen is whether the dismissal will be disproportinate for this kind of misconduct.There are umpteen judgments that upheld dimissal for such indecent behaviour.However if there exist mitigating circumstances like that it is the first incident or it was the result of provokation from the manager but for which the workman wouldnot have misbehaved etc. can be considered in reducing the quantum of penalty but not dispensing with penalty so that it will act as deterrent for other workers in future.
B.Saikumar
HR & Labour Law advisor
Mumbai