Can We Terminate a Non-Performing Employee Without Notice Pay? Seeking HR Guidance

Dear HR professionals, I need consultation on the decision of management for terminating a non-performing employee. The case summary is as follows:

Case Summary

a. On 6th June '15, he was issued a letter regarding non-performance, which was target-specific and needed to be achieved in the month of June '15 only.

b. On 15th June '15, it was discovered that, as per the mentioned sales call, he didn't visit the market and took a half-day off without any information or approval. A meeting was organized where proper minutes of meeting (MOM) were recorded between the employee, HR, and the Reporting Manager. The employee agreed that it was his mistake.

c. He has been issued a show cause for the same, but his reply was not justified.

d. A committee meeting was organized regarding fake report submission and unauthorized absence, with the Managing Director, F&A Head, Sales Head, and HR. Decisions were made by the committee to impose a fine on him.

e. He accepted the fine and signed all the related documents.

f. The employee applied for a 12-day leave for a family vacation, which was not approved. Management granted him a week of leave instead. After completing one week, he emailed stating he was unwell and would be joining after three days.

Please guide if, based on the above case, we could terminate the employee without paying any notice pay with immediate effect.

Dear Deepti,
The acts of misconduct committed by the employee, as discernible from your post, are:
1. Fake report submission
2. Unauthorized absence
3. Overstay of leave

Regarding the fake report and unauthorized absence, you have already initiated disciplinary action and concluded it according to your own practice by imposing a fine on him, and he also accepted it. Therefore, points (1) and (2) are resolved.

Now, for the overstay of leave, you want to terminate him straight away, without notice or notice pay in lieu thereof. Perhaps, the punishment for the earlier misconducts might have influenced your decision to terminate him summarily even without notice or notice pay for the subsequent misconduct of overstay of leave. Legally, it may not be correct, as such an action is violative of the Principles of Natural Justice.

Regards

As Mr. Umakantan indicated, the principle of natural justice should be considered. As per company policy, proper procedures should be followed for the initial inquiry into the matter in case of absence, and appropriate action can then be taken, with all records being maintained. The employee must be given an opportunity to prove their stance.

Let the employee rejoin your team and submit his/her medical certificate. Check the credentials for accuracy and authenticity. If it is found to be fake, you can take disciplinary action. However, if it is genuine, you should consider giving them another chance to improve. This is solely my opinion.