I agree. What are your findings in the enquiry on provocation and extent and recurrence of bad behaviour?
Has a step of suspension (though personally I think suspension only holds a person guilty till proved innocent and against natural justice) been considered. Has any other punitive action under your company's Conduct Discipline Rules been considered?
Do you have defence before the Labour Commissioner/ Conciliation?
If it is a first off offence, reinstatement by legal authorities might show up Management as unfair.
However, if it is enforcement , have you also examined whether he was under the influence of alcohol or any other substance that could have caused aberrant behaviour and if so, what is the punitive action under your comaony's rulkes for such substance abuse. (first time, repetitive)
Suspension during the courser of final enquiry might help throw some light on the incident and a dispassionate finding might strengthen your legal position and back up your action.
Rukmani
Has a step of suspension (though personally I think suspension only holds a person guilty till proved innocent and against natural justice) been considered. Has any other punitive action under your company's Conduct Discipline Rules been considered?
Do you have defence before the Labour Commissioner/ Conciliation?
If it is a first off offence, reinstatement by legal authorities might show up Management as unfair.
However, if it is enforcement , have you also examined whether he was under the influence of alcohol or any other substance that could have caused aberrant behaviour and if so, what is the punitive action under your comaony's rulkes for such substance abuse. (first time, repetitive)
Suspension during the courser of final enquiry might help throw some light on the incident and a dispassionate finding might strengthen your legal position and back up your action.
Rukmani