Can We Rehire an Employee After a Dispute? Navigating Legal and Management Challenges

Recently, my organization, after a year-long dispute with an employee regarding his job termination, reached a settlement with him. He accepted to write a resignation, and the organization agreed to pay all dues with all clearances completed. The issue escalated to the point where an independent law officer was involved in a domestic enquiry. The management even issued a DISMISS notice, sparking the dispute between him and the organization.

Re-employment Considerations

Now, the question arises: Can we re-employ such staff if the management decides to overlook his past and begin anew? What terms and conditions should be considered to ensure all labor-related issues are effectively managed by the organization upon the re-employment of the employee? For example, he may not be rehired within three months of the recent settlement or his initial termination.

Legal Formalities

Furthermore, what additional legal formalities need to be considered? Your guidance on this matter would be greatly appreciated.

Very interesting question. To my mind, I am not sure why you are considering rehiring such a person. What was the issue? For example, if it involved sexual harassment at work or performance, I am curious to know why you would want such a person back in the organization. Therefore, you may want to specify the reason for dismissal and its nature.

We do follow a similar clause in our organization, wherein an employee who resigns or voluntarily terminates their agreement isn't allowed to rejoin the same team within 3 months, and in some processes, it's for 6 months.

This employee was an ambulance driver in my organization (I'm working in a hospital). He was served with a memo for UNAUTHORIZED ABSENCE from duties, for which he said that he was medically ill and admitted to some other hospital. It all happened due to management ego and politics with a few higher-ups who didn't want him to work in this organization anymore, so they got the chance to dismiss him. He also made a slight mistake of not informing his superiors of his illness and going on leave without informing anyone.

Now, after a year of fighting with a domestic inquiry and being under the surveillance of an independent judicial inspector, everything has been sorted out with peace. Thus, the management is now considering reemploying him. I am asking my seniors about the possible labor issues of employing such personnel and the terms and conditions that govern such reemployment.

Thank you, Nainz, for giving me insight, but could you provide me with more explanation on this now?

I think our senior members and law experts can guide you on the correct path regarding the legality or inclusion of clauses and so on. Nonetheless, just a quick thought—wouldn't rehiring the employee after dismissal in the same company set a negative example? What message would it send to other employees? Though you can make decisions on rehiring based on the nature of the act, the possibility of recurrence, etc., the most important question is—would it be worth taking a chance?

Regards,

Dear Mr. Anand,

Absenting without authorization and reporting with a medical certificate is a common issue in most large organizations. I presume your hospital is a large facility or part of a larger organization, given your mention of a domestic inquiry before disciplinary action.

Regarding Your Query:

As mentioned, absence without information is common, and procedures exist to address such cases in line with Natural Justice (refer to Model Standing Orders).

1. An employee absent for 10 days or more receives a notice to report within 3 to 5 days or provide an explanation. This notice is preferably sent to the local and permanent addresses via Registered Post.

2. A reminder notice is issued, requiring reporting within 3 days, failing which disciplinary action follows without further notice.

3. If the employee still does not report, a domestic inquiry can proceed. After two chances, the inquiry may conclude ex-parte, allowing the Disciplinary Authority to determine appropriate action.

4. Termination can lead to industrial relations issues; re-appointment may be preferable. The re-appointment letter should specify no continuity of service. Terminal dues will be paid at superannuation. Gratuity and PF considerations should also be addressed accordingly.

I believe habitual absenteeism should not be condoned, but first-time errors warrant a chance for improvement. Discipline is essential for maintaining a productive work environment.

Kind regards,

AK Jain
HR Personnel
NCL, CIL