How Should I Handle a Leave Request After an Employee Resigned Due to Theft?

Hi! The employee was caught stealing on 02/08/2010 while on duty. They had applied for leave on 28/07/2010 for the period from 22/07/2010 to 27/07/2010. As the Manager of Administration, the leave application came to me for approval on 31-08-2010. However, the employee resigned on 06-08-2010. Could someone please advise me on whether I should sign the leave application or not?

Settling Full and Final Dues

What should one do when settling their full and final dues?

Regards,
Kosh

Dear Kosh,

Leave Application and Approval

His leave letter comes to you on the 31st. His leave period was from 22.07 to 27.07, and he applied on 28.07. Did he send any intimation over his absence (or leave) for the above period well in advance? If not, you have the right to reject his leave application. Leave means getting prior approval by a person or by other modes in advance, except in emergencies.

Addressing Theft and Legal Actions

Also, you mentioned that he was caught in theft on 02.08.2010. You can initiate both criminal and legal actions against him. Until he is cleared, you need not settle his dues. For that, you have to issue a legal notice/charge sheet before his resignation.

Thanks,
R. Palaniswamy

Dear Sir,

I request a format of a legal notice/charge sheet in case an employee was caught stealing while in service. We have accepted the resignation of the said employee. What should we do about his full and final settlement which has not yet been cleared?

Regards,
Kosh

Handling Leave Applications and Theft Cases

Application for leave is a separate issue, the theft case is a separate issue, and F&F settlement is also a separate issue. The application for leave may be granted as recommended by his/her reporting manager. Delay in reaching the leave application to the HR Dept. is not his fault.

Addressing the Theft Case

Regarding the theft case, legal action can be taken depending upon his/her position and the value of the item. If the employee is in the lowest category and the value of the item is not too high, it is better to terminate him after giving F&F with mutual consent. If he is caught committing theft and no financial loss is involved, then he can also be terminated with F&F.

Considering Legal Action

Legal action is only valuable when a huge financial loss is involved. Otherwise, the visible and hidden costs associated with the police, legal advisers, court, etc., will not only consume additional funds and time but also worsen the environment.

Dear Kosh, I agree with the opinion of Parasurampur. "Application for leave is a separate issue, theft case is a separate issue, and F&F settlement is also a separate issue." Please do not mix up the issues and complicate the matter; deal with them separately.

Application for Leave: The employee, after being on leave/absence, applied on 28/07, which you received after more than a month, i.e., on 31/08! This, in itself, speaks about the apathy and insensitivity of your organization and its policy towards employees.

Theft: What was the value of the item, and whether an FIR with the Police was lodged? Please note that stealing a few pens or some small stationery items may technically constitute theft but do not merit a Police case and can be dealt with as misconduct. However, when you have already forced him to give resignation, the question of a chargesheet or legal notice does not arise.

Full & Final Settlement: Since the employee was caught in the act, it stands to reason that the stolen material was recovered from him. So where is the question of it having any effect on his Full & Final settlement? I hope your company does not act like the medieval times "zamindars" and impose a penalty of your own for the alleged theft!

Regards.

Under the Factory Act, if an employee made an unconstitutional strike and subsequently accepts his mistake and is ready to write a sorry letter, my question is: what content should be in the letter so that it can be used against him as evidence in the future? Please let me know the answer.

Somya

Handling a Theft Case Involving Employees

This was a well-organized theft case. It requires a police complaint because there were contractors/sub-contractors involved in it. This might have been a regular practice until it was caught and therefore needs to be further investigated.

Since you do not have any powers to interrogate these people, please hand over the matter to the local police station with your preliminary report. You will soon find a much larger number of employees/contract workers involved in such crimes.

Resignation and Clearance Process

Resignation can be accepted, but relieving can be affected only after due clearance from all departments. Since this employee is involved in a serious criminal matter, HR/Admin cannot issue any clearance certificate. I suggest that this person should not be relieved easily with any clean chit because this action of yours will make other internal/external miscreants bolder than before, and your company will be at a loss. However, this strategic decision must be taken at the top levels of your company.

Non-Regularization of Leave

Non-Regularization of leave can be used to depict the undisciplined attitude of this employee in any case if it ever ensues.

Parasurampur has given a perfect opinion. Now try to resolve without any legal angle. It will waste time and money both.

Second, investigate what were the circumstances. Why did he attempt theft? Is his problem genuine? If yes, are other employees also facing the same problems? I just want to say punishing one person may or may not solve the real problem. Please do something so that it will nip the issue in the bud.

For F&F, don't be narrow-minded. Consider your own situation and decide what you have to do.

Steps to Address Employee Theft

1. Refuse his leave.
2. Withhold his full and final settlement.
3. If you have sufficient evidence, you may lodge a complaint with the police. The question arises, why is there a substantial delay in filing an FIR? (You have to manage authority).
4. Take action against all involved in the theft.
5. If you know his new employer, you can confidentially inform them about the theft.

Regards,
R D Watve

Hi,

First, you sent him an immediate email or official notice stating that "your leave application and resignation are being kept in abeyance until we complete the ongoing investigations."

Then, initiate the investigations with the assistance of a labor law practitioner or consider reaching a settlement with the employee after some time.

Regards,
V

Dear Koshish,

According to me, as you are part of company management, you cannot ignore an incident of theft. Although our members have advised you on the viability of this case, I believe this is an issue related to discipline in the workplace and cannot be excused at any cost. Ignoring it may damage the company's reputation and cause significant monetary loss to the organization. Please refer to the following points:

• Cost of material: Even if the cost of the material is as low as Rs. 1000/-, no employee has the right to remove the company's property/material from the premises without prior permission from their superior. Consider the number of people involved in the issue.

• Help of contractor and his employees/representatives, etc.

• There are definitely three compartments in this case, as mentioned by Raj Kumar. Then, I feel:

1. Leave: His leave should be sanctioned as he submitted his leave application on time. If you are not going to sanction his leave, you must provide a reason for the refusal. Also, check whether he has enough leave balance in his account.

2. Theft: Even though this incident happened a month ago, it is better to start checking the inter-office communication of the respective departments. Launch a police complaint. Simultaneously, hold his resignation or Full & Final (F&F). Immediately issue a charge sheet to the concerned employee/workman. Give him at least a week to reply/clarify his side. Find the appropriate provision in your Standing Orders if approved/sanctioned through the appropriate authority.

3. Legal side: If you don't follow these steps after accepting his F&F, he may claim Unfair Labour Practice before the Labour Court or Conciliation Officer under the Industrial Dispute Act or oral termination/victimization under the sections of said Act. It is better to conduct a domestic/departmental enquiry through a third-party Enquiry Officer. Otherwise, the court may ask to reinstate him in employment, and at that time, your company may hold you accountable for not handling this sensitive issue properly. There is no excuse for theft if proven properly, and if not, it will definitely bounce back on the organization. Theft cannot be tolerated, regardless of the cost of material, and the court never excuses a theft case if it is proven in an enquiry as per the Principle of Natural Justice.

4. Full & Final: To the best of my knowledge, you should not settle his dues until you receive the report of the Enquiry Officer. It is better to follow the right steps of a domestic enquiry.

I have several model charge sheets with me, and I will definitely provide some to you. Please call me on my cell or send a test mail to [Email Removed For Privacy Reasons].

Regards,
Nitin
[Phone Number Removed For Privacy Reasons]