How Should Employers Respond When an Employee's Explanation Falls Short?

What action should be taken against an employee after receiving a not satisfactory explanation from him?

In such a situation, it is important for employers to follow the company's policies and procedures regarding performance or behavior issues. The first step would typically involve having a discussion with the employee to understand their perspective and provide feedback on the issue at hand. Depending on the severity of the situation and the employee's past performance, further actions such as coaching, additional training, or disciplinary measures may be necessary. It is essential to handle these situations professionally and fairly while also providing support to help the employee improve.

Dear Friend,

Upon receiving the explanation for a show-cause notice and deeming it unsatisfactory, the next step is to draft a charge sheet and proceed with conducting an inquiry. You need to appoint an inquiry officer, set a date and time for the inquiry, and instruct the employee who has been charged to attend. Additionally, the employee should be informed that they can seek assistance from a colleague during the inquiry process.

The inquiry officer will conduct the proceedings, providing the charged employee with the opportunity to present their side, cross-examine witnesses, and review any documents submitted. The role of the inquiry officer is to determine whether the employee is guilty or not. If the employee is found guilty, appropriate action can be taken by the management.

Regards,
Kesava Pillai

Dear Kesav,

Recently, I gave an interview and was asked, "How many members can be in a domestic inquiry?"

How can I go through this question? Please advise.

With regards,

In case the subject matter of the SCN requires imposition of major punishment like then a domestic enquiry can be fixed. Otherwise, if there is no past history of the employee, it is suggested that the employee can be called and orally convinced to give a revised explanation letter accepting the misconduct, based on which a suitable minor punishment can be given. Otherwise, the principles of natural justice should be followed in the conduct of a domestic enquiry.

Even in a domestic enquiry, at the commencement of the enquiry, the EO shall question him on acceptance of charges. If he accepts the charges in toto, then the same shall be recorded and closed. If not, it becomes the responsibility of the complainant or Management Representative to prove charges and the delinquent worker to disprove the same.

M. Venkatraghavan