Handling a Tenured Employee's False Accusations: How Can I Protect My HR Reputation?

Dear Sir/Madam, this is my first post about problems faced during HR work. Our management has decided to transfer one employee to our central unit from another unit of our organization. As per instructions, we processed his joining and requested him to come personally to complete joining formalities.

For the past 3 months, we have been following up with him via phone calls and emails to complete his joining formalities. However, to date, he has not shown up in the HR department. On the contrary, he sent an email blaming me for harassment, miscommunication, and alleging less cooperation from the HR department. He is also a tenured employee.

I am relatively new compared to him and have less support from seniors. I am unsure of how to handle this situation. His false statements have created a negative image of me and our HR department, leading to dissatisfaction and negativity in the workplace.

Please guide me and suggest the most suitable way to resolve this matter.

Thank you

Transfer Order and Employee Defiance

If the employee has been transferred from one business unit to another within the same group, did you issue the Transfer Order (TO)? If yes, who signed it and what were the contents? Did you include vital information like the date of joining, whether the designation is changed, who the reporting authority is, what the job description is, how his seniority will be protected, and above all, how his gratuity will be protected? When a proper transfer order is issued by the higher authorities, employees generally think twice before defying it.

The first sentence of the second paragraph of your post reads, "management has decided to transfer...". How come management is silent despite the defiance of their orders? Are they serious? You have written that you have been following up with the employee for "joining formalities". Are you talking about "joining formalities" or "exit formalities"? Are you working as HR in the business unit to which this employee is transferred? If so, why is HR from the unit from which this employee has been transferred silent? Has the employee been released from his existing work? Is his HOD aware of the transfer? If yes, then why is he allowing the employee to continue working in his department? Why has he not directed the employee to report to HR?

Handling Employee Transfers

It appears that the whole situation has been mishandled. Whether the employee is senior or junior, before the transfer, he should be called by the seniors and informed about the transfer. Many times employees are resistant to transfers. Seniors need to understand the concerns of the employee and address them. It is their duty to convince the employee about the interests of the organization. Once the employee is informed about the transfer, he should be directed to report to HR for the execution of the TO.

In your case, it appears that the whole matter has been delegated to HR, and seniors have shirked their responsibility. Is it that senior authorities wanted the transfer to take place but wanted to earn the goodwill of the employee, hence shooting from the shoulder of HR?

Senior Intervention and Communication

At this stage, inform your seniors about whatever you have done. Tell them that it is high time for senior authorities to intervene. Call the employee to the senior's office and let there be a face-to-face discussion. Issue the TO immediately and revise the conditions of transfer if needed.

From the incident that you have quoted, there is room to infer that there is less written communication in your group. With proper written instructions, the blame game resulting from miscommunication or non-communication can be avoided.

Thanks,

Dinesh Divekar

Questions to Consider Regarding the Employee Transfer

My friend, I think there is more to the query. There are many hidden points not highlighted. Three months is a very long time to let go. Kindly answer the below points before we can advise.

So, where has he been working for the last three months, the new unit or the old unit? What has stopped HR from sending the joining formalities papers to his department or going there personally? Was there any promise made to him verbally and then not written down on paper? What is the miscommunication he is speaking about? He may be a tenured employee, but how have you allowed him to report directly to the department without completing the formality on the first day? How was his attendance card or biometric attendance activated without his joining formalities? If HR is sitting at another location, why has the site admin department not completed his joining and other formalities?

Regards,

Transfer Clause and Employee Rights

At the outset, you need to examine if there is a transfer clause in the appointment letter of the concerned employee, and whether it is an elaborate one in which the present transfer is bona fide covered. You can transfer an employee only if there is a right to transfer him as per the appointment letter.

Workman Status and Legal Procedures

Secondly, is he a workman covered under the Standing Orders Act? If so, you can issue him a show cause notice for insubordination and absenteeism. It seems he is reluctant to go on transfer. So, if the reasons in his explanation to show cause are not satisfactory, you may issue a charge sheet and conduct a domestic enquiry.

Legal Considerations in Maharashtra

Since you are based in Maharashtra, the MRTU & PULP Act will apply, wherein the transfer of an employee mala fide is an unfair labor practice. So, if he is able to establish any mala fides in his transfer, he can approach the Industrial Court for interim relief of stay on transfer.