Can Management Issue a Warning Letter Without a Domestic Inquiry if an Employee Apologizes?

Dear Experts, If, after issuing a show-cause notice to a delinquent employee, the employee requests forgiveness in their written reply, can management issue a warning letter based on the employee's response? Or is it mandatory to conduct a domestic inquiry before issuing the warning letter?

Thank you.

It is the sole discretion of the management to accept the letter seeking forgiveness and to issue or not issue a warning letter just to file in the person's personal file. Domestic Enquiry is mandatory only when the management wants to punish the employee. We follow this in our organization.

Regards,
Ganesh

Handling Employee Misconduct: Show Cause Notice and Consequences

Dear Prashant, this is in addition to what Ganesh has said.

For small offenses, a show cause notice is issued, and for major offenses, a domestic inquiry is conducted. What matters is the gravity of the offense or the recurrence of the offense; its minor nature is notwithstanding.

When the delinquent employee accepts their fault and asks for forgiveness for their default, management should concentrate on the organization as a whole. It should not set a bad trend of committing mistakes and then asking for an apology. That is bad.

The second thing management should consider is what operational losses or customer dissatisfaction were caused because of the employee's default.

Management should never compromise on indiscipline. Discipline is the foundation of the organization.

Ok...

Regards,
Dinesh V Divekar

Absolutely right, Dinesh. You have put it so nicely. Your knowledge and experience speak.

Regards,
Ganesh

[TE=Dinesh Divekar;1688929]
Dear Prashant,

This is in addition to what Ganesh has said.

For small offenses, a show cause notice is issued, and for major offenses, a domestic inquiry is conducted. What matters is the gravity of the offense or the recurrence of the offense; its minor nature is notwithstanding.

When the delinquent employee accepts his fault and asks for forgiveness for his default, management should concentrate on the organization as a whole. It should not set a bad trend of committing a mistake and then asking for an apology. That is bad.

The second thing management should consider is what operational losses or customer dissatisfaction were caused because of the employee's default.

Management should never compromise on indiscipline. Discipline is the foundation of the organization.

Dinesh V Divekar
Management Training Consultant
Bangalore - 560094
[Phone Number Removed For Privacy Reasons]

“Beware of false knowledge; it is more dangerous than ignorance.”

Dear Experts,

If, after a show cause notice to the delinquent employee, the employee asks for forgiveness in his written reply, can management issue him a warning letter based on the reply by the employee, or is issuing the Warning Letter "Domestic Enquiry is mandatory"?

Ensure there is a single line break between paragraphs.

Domestic Inquiry and Employee Admission

Domestic inquiry is not mandatory if the suspected employee has admitted their fault. A domestic inquiry is conducted only when the employee has denied the charge, and the management considers conducting an independent investigation into the offense alleged by the employee.

Upon the employee's request for forgiveness, the management has the discretion to forgive them, issue a warning, or impose any other punishment in accordance with the conduct and discipline rules or the standing orders.

Disciplinary Action and Warning Letters

Strictly speaking, a warning is also a form of punishment. The Standing Orders provide guidelines for taking disciplinary action against any act of misconduct committed by an employee. Ideally, a warning letter should be issued in accordance with the provisions of the company's Standing Orders.

However, it is not recommended to institute and conduct a Domestic Enquiry for all acts of misconduct. In cases like the one faced by our friend here, where the concerned employee has accepted the charges leveled against him and is seeking forgiveness, let us adopt a practical approach to such situations.

A Warning Letter or an Advisory Letter may be issued to the concerned employee, cautioning him that any future similar acts of misconduct may result in appropriate disciplinary action being taken against him. In such cases, there is no requirement to conduct a Domestic Enquiry before issuing a Warning Letter.

Best Wishes,

Vasant Nair

Dear Vijay,

Can you quote provisions of any law under which it is necessary to hold a domestic inquiry even when the employee himself has admitted his fault and asked for forgiveness?

It's up to the management to forgive him or give a warning letter. Most HR professionals decide based on the employee's past record, relationship, and the gravity of the misconduct.

Regards,
Fusion HR Lab - The Practice School for Professionals

Pondicherry
[Phone Number Removed For Privacy Reasons]
[Email Removed For Privacy Reasons]

It is true that before inflicting any kind of punishment on an employee, a domestic enquiry has to be conducted. This is technically correct. However, in real-life situations, when the misconduct committed by an employee is rather minor, they are given a warning letter without going through the process of conducting a domestic enquiry. To answer your question, in such cases, it is not mandatory to conduct a domestic enquiry before issuing a warning letter.

Best Wishes,
Vasant Nair