Can I Take Disciplinary Action for an Employee's Misconduct Outside Work Hours?

Dear All,

I am presently working with a German MNC in Ranchi. I have a case study and want your guidance on that. On 14th Feb '10 (Sunday), our employees went on a picnic. After we came back, one of our workers assaulted a security guard for no reason. The security guard (who is from another agency) has given a written complaint about the incident.

Can I take disciplinary action against the worker?

Regards,
Subh

Dear Subhanwesh,

First of all, is the employee working for your organization? Was the employee drunk? If so, and again for the written complaint given by the security person, you need to and are supposed to take disciplinary action against the employee. You have to take a letter of action from the employee regarding his/her actions in a non-disciplinary way.

Dear Mahesh,

Thank you for your reply. The employee is on our payroll, and he was drunk at that time. However, it will be difficult to prove that he was drunk. Nonetheless, thanks for your guidance.

Please issue a charge sheet based on the written complaint submitted by the security guard. Assaulting a security guard is a major indiscipline. Ask for a written explanation. If the employee repents and accepts his mistake, then take a lenient view. If not, you have to proceed with a domestic inquiry and initiate disciplinary action.

- Kameswarao