Grounds for Employee Dismissal: What Are the Legitimate Reasons?

I would like to know on what grounds an employee can be dismissed from employment.

Thank you.

Dear Anup,

An employee can be dismissed from services in case of:
1. Unauthorised absenteeism
2. Poor performance
3. Not following the inbuilt rules of the organization
4. Irregular attendance
5. Bad behavior towards fellow workers

Regards,
Lavanya :)

List of notable litigations on which employees were dismissed. One or two litigations on every ground on which the employee can be dismissed.

Regards,
Anup

Hi,

Generally, these are the reasons that affect employee dismissal:

1. Breaking of company policies & procedures (Certified Standing Orders)
2. Unauthorized absenteeism
3. Fraud, Gherao
4. Illegal Strikes
5. Damage to the employer's property
6. Discharge Simplicator (loss of employer trust)

Regards,
Satya

Hi,

Any act of omission or commission which is subversive of discipline and good behavior can attract punishment of dismissal. However, it is important to consider the gravity of misconduct before taking recourse to this action. Some of the actions that can attract this punishment are:
- Theft, damage to company property,
- Assault, drunkenness while on duty, insubordination
- Instigating workers to go on strike, which is illegal, go-slow
- Participating in go-slow, illegal strike
- Unauthorized absenteeism,
- Working for another company while in employment
- Insubordination, continuous fall in output, Engaging in money lending,
- Sleeping while on duty, etc.

It should be borne in mind that the gravity of misconduct and other aggravating and extenuating circumstances ought to be taken into consideration before awarding the extreme punishment of dismissal. The past record of the employee is also given due weightage.

Please refer to your Standing Orders, company rules on the subject.

Cyril