Employee on Probation Taking Excessive Leaves for Job Hunting: Is Termination the Right Move?

Employee Leave Violation During Probation

As we clearly mentioned, our employee has no leaves during the probation period, yet she has taken 7 leaves from March 1st to 25th, 2019, even though we informed her that no leaves are allowed during probation. She joined on February 20th, 2019, and took two leaves from February 20th to 28th. She is in a marketing position and is actively searching for other jobs and attending interviews, which is the reason for her leaves. Interestingly, she is also using office time to search for a partner on marriage sites and is negatively influencing other employees. Her probation period is for 6 months.

Decision to Terminate Employment

As we are frustrated with her behavior, we have decided to terminate her starting tomorrow. Are there any potential issues that may arise from this decision, and do you believe it is the correct course of action?

The decision is yours. However, as a precaution, you should follow certain basics. Conduct or obtain a 'self-appraisal' or performance review based on the assignments given to her. Obviously, she will be found wanting. Thereupon, issue a directive 'to improve,' lest she be open to termination as per the terms. Subsequently, conduct another review after a month or so, record the outcome, and proceed. This will strengthen the procedure and uphold natural justice by giving her an opportunity to improve, if she truly cares.

Thank you.

In proceeding with an intended 'termination,' an employer is bound by law to ensure that a formal procedure is adopted to address any potential legal challenges that may arise. When faced with litigation from the terminated employee, the employer must have thorough documentation to defend the punitive action taken. This is a fundamental requirement for an IR/HR official in a leadership position. The argument that the past services of the terminated employee hold no relevance to the current employer's decision is invalid. Proper documentation, meeting the requirements of natural justice, is essential to fulfill half of the job. Many court judgments have ruled against employers due to a lack of due diligence in ensuring natural justice in accordance with the law. While you are free to make a decision, success can only be achieved when decisions are made with utmost care, ensuring they can withstand legal scrutiny.

Employee Leave Violation and Termination

It is quite evident from your posting that the employee broke the conditions of service despite caution. No one can certainly be denied leave for emergencies and exigencies. However, in this case, the employee was absent for 7 days on the grounds of leave in addition to weekly holidays within a month, which speaks volumes of the negligence of the employee.

You can terminate the employee since substantial grounds exist to act upon. The termination should be based on absenteeism and not meeting job responsibilities.

The moot question is whether the employer has refused to sanction the leave, as applied for, and has treated the period(s) as unauthorized absence. If the period of absence was covered by leave, duly sanctioned and salary paid, it would be injudicious to consider it as a case of absenteeism.