Employee Violence at Company Accommodation: What Actions Can I Take?

My security is beaten by our employee who is staying at accommodation provided by the company. The employee came by drunk on Sunday and used some bad words. The security went to ask him, but the employee hit the security guard. What kind of action can I take?

If you have provided accommodation to a few employees, have you devised any code of conduct? Some companies create internal agreements with employees regarding the terms and conditions of their stay in company-provided accommodation. Have you done this?

Yes, physical assault, whether in a drunken state or otherwise, is a criminal offense. However, do you have evidence of the assault? How did you become aware of the incident? Have you obtained pro forma statements from both the accused and the survivor?

I recommend conducting a domestic inquiry, and if the offense is proven, you may take action against the accused. The punishment could include termination of employment.

Thanks,
Dinesh Divekar

Steps to Address Employee Misconduct

1. Conduct a preliminary inquiry to gather the facts of the case. Obtain a written complaint from the security guard who was assaulted by the worker, as well as statements from witnesses supporting the facts of the case.

2. Issue a suspension pending inquiry order to the worker.

3. Carefully draft the charge sheet, providing full details such as the date and time of the incident and the sequence of events. Include the exact words used in abusing the guard. The charges should include drunkenness, riotous behavior, use of abusive language, and assault.

4. Issue the charge sheet and give the worker 48 hours to reply. Proceed with the domestic inquiry conducted by a legally trained inquiry officer.

Regards, Vinayak Nagarkar HR Consultant.