Unauthorized Absenteeism and Smoking: Does a Fourth Warning Mean Dismissal?

One of our employees has been given one oral warning and two written warnings for unauthorized absenteeism and smoking inside the campus. We are now considering issuing a fourth warning. My question is: would the fourth warning result in dismissal? Kindly clarify this for me.

Thanks and regards,
Renu

Isn't this covered by your firm's HR policy? It is usually the norm that someone given three warnings on the same issue is issued a termination notice on the fourth instance.

Please issue a final notice to him. If he repeats the same in the future, you may terminate him without any prior notice. Two points must be taken care of as mentioned below:

1. When giving the final notice, enclose copies of all previous notices issued and accepted by him.
2. Also, include a sentence stating, "If these kinds of activities happen again, the company may terminate you without further notice or prior information."

In my opinion, labor courts and labor offices always favor employees. Therefore, before terminating him, ensure that this final notice is issued. Having issued the final notice, you will have written evidence that can help you if any litigation arises in the future.

Regards

It is undoubtedly a fit case for termination of service for such an employee. However, the procedure must be followed. First, you should issue a charge sheet detailing all the warnings previously given to him along with his responses to them. Upon receiving his reply to the charge sheet, you can proceed with an inquiry against him if his response is deemed unsatisfactory by management. If the charges are proven against this employee during the inquiry, you must then send him a final show cause notice along with the inquiry report for his comments if necessary. Subsequently, you can terminate him from the company's services in accordance with the provisions outlined in the standing orders/service rules of the company. This will safeguard you from any legal complications.

Regards

In case of disciplinary issues, even long unauthorized absence, we have to follow the procedures. Abandonment of employment cannot be assumed. It has to be established, and from the charge sheet to the inquiry to findings to the issue of the second show cause notice before termination are to be followed.

The issue of the second show cause notice, though required as per SC's decision, certain states do not follow.

K. S. Pasupathi

Hi Renu,

Yes, you have followed the process, and any employee who repeats such behavior will be terminated with the pre-informed reason on the fourth occurrence.