How Should HR Handle Dismissing a Worker for Misconduct with a Strong Union Involved?

As an HRD Manager, what steps would you initiate before dismissing a workman found guilty of misconduct in the presence of a strong employees' union? Please provide me with an answer.

To proceed with the removal of the union member, you need to build a strong case against his misconduct. Issue a memo addressing his misconduct and provide him with an opportunity to explain his actions. All instances of misconduct must be documented to demonstrate that his actions have caused financial loss to the company. Once you have compiled all necessary evidence, submit the file to the labor department and proceed with his termination following all legal procedures.

Regards

Srihari sir has given you sound advice. I would just like to add a little.

Steps to Address Misconduct in the Presence of a Strong Union

First, issue a show cause notice to the concerned worker and also inform all the committee members of the union, taking them into confidence. Whenever that worker commits a mistake, issue him a memo as suggested by Srihari sir. When the explanation to the show cause notice is not satisfactory, you can issue him a charge sheet and start an inquiry. At the same time, please communicate and negotiate with all the committee members of the union about the losses the company has suffered, along with the past memos and show cause notices.

Then, when the inquiry report comes, you can go ahead and take action. Yet, you need to keep all evidence such as memos, evidence of losses to the company, etc. Then you can proceed further and terminate him.

Hope this helps.

Regards

Dear Trupti, you have mentioned in your discussion that the "Workman has been found guilty of misconduct." What does this mean—whether the inquiry has been conducted and the report has been submitted by the Inquiry Officer, or the evidence is very strong and on that basis, it has been construed that the alleged employee is guilty?

Steps to Take if Misconduct is Proven

If in the Inquiry Report, the charges of misconduct have been proved, nothing needs to be done except obtaining approval from the Competent Disciplinary Authority regarding the dismissal of the guilty workman, no matter how strong the labor union is. If you take a lenient view in this case, the instances of recurrence will increase, and the system will be the sole responsible entity for such lapses.

Steps to Take if Inquiry is Not Conducted

If the inquiry has not been conducted and the inference is based on evidence, then it is better to take the following steps before coming to any conclusion to defend your action before any court or legal entity.

• Obtain a complaint in writing of misconduct. It would be better if the complaint is supported by some witness(es) or material evidence.

• After obtaining a complaint, frame a Chargesheet cautiously as per the Certified Standing Orders of the Company or Model Standing Orders, as deemed fit and applicable to your Company. Issue the Chargesheet giving 3 days' time from the receipt of the Chargesheet for the employee to submit an explanation in his defense.

• If the explanation is not satisfactory, issue a letter to the accused workman (AW) stating that the explanation is not satisfactory and there is a scope for further investigation, which will be done by the Inquiry Officer, so appointed by the Disciplinary Authority (DA).

• Obtain approval for appointing the Inquiry Officer (IO) and Management Representative (MR).

• Issue an order for the appointment of IO & MR advising them to conduct a fair and impartial inquiry and submit a report at the earliest, with a copy to AW. AW will be allowed to seek help from a Co-Worker (CW) during inquiry proceedings of his choice, if he so desires, for which he shall make a request in writing to the IO. Such CW will be released from the workplace on the date and time the inquiry is scheduled to be held.

• Now the inquiry begins. After completion of the inquiry, findings and a brief report upon which the findings have been arrived at will be submitted by the IO to DA.

• Based on the findings of IO and the gravity of misconduct, DA shall order for imposing penalty/punishment for which the Order will be issued under the Signature of DA with a copy to AW, MR, CW, Administration Dept., Finance Dept., Head of Dept. in which the workman works, and any other relevant authority/person/department.

If you follow the above procedure, no court can challenge your action, provided the inquiry has been held impartially and the punishment/penalty is in line with the misconduct, without any personal bias.

Good luck,

Regards,
AK Jain

What is stated by other members on the above issue is not correct. First, get the matter in writing from the concerned person who is affected, whether it is the Production Head or the person to whom the worker is reporting.

Steps to Address Misconduct Allegations

Next, issue a letter to the workman asking why he should not be found guilty and specify the actions that will be taken against him. Give him time to reply.

Once you receive the reply, based on that, arrange for the inquiry. During the inquiry, the affected person or the person in charge should be present. Brief the workman clearly on the offense he has committed. If he accepts the offense, record it in his presence, get his signature, and complete the inquiry. If he does not accept, obtain details from the affected person or the in-charge and record them.

Conclude the inquiry, and if he is indeed found guilty according to the witnesses, etc., send a letter stating that upon inquiry, he is found guilty and will be punished according to the company's norms.