Hi,
At the outset, please remember termination is considered as the 'Capital Punishment' unde Labour Laws. You do hang a person without any strong reason. Hanging a person untill death is only done in the rarest of rare cases. Similarly termination is done only in the rarest of rare misconducts, and not as per the whims and fancies of HR or Management. Since you have not mentioned the reasons for the decision on termination (and also I would not prefer to go into it since your query is more a generelist query), I would ask you to remeber the following points as per the legal requirements:
<1> Conduct a fair Domestic Enquiry as per the 'Principles of Natural Justice'
<2> Ensure there is no bias or preconceived notions during the enquiry
<3> Fairness must be actually ensured and not merely exhibited
<4> If employee is a 'Protected Employee' then go for 'Pemission Application'
<5> If any court case / conciliation is pending, then go for 'Approval Application'
<6> 'Permission' or 'Approval' wherever required is not merely 'Technical Requirement', but a 'Mandatory Legal Requiremet'
<7> To the best possible extent avoid a 'Termination Simplicitor'
You may revert for any further clarifications. But, always remember to put yourselves in the shoes of the workman whom you want to terminate and find if the misconduct really warrants termination.
Take Care
B.R. Dayaram
-------------