Sudden Termination Without Notice: How Should HR Respond to This Situation?

Without any notice or warning letter, our plant head terminated one of our HR team members. As HR professionals, what actions do we need to take in response to this situation? Please provide clarification on the same.

Termination and Legal Recourse

Whether the particular employee is a workman or not, termination without following the principles of natural justice is illegal.

If he is a workman under the ID Act, 1947, he can raise a dispute under Section 2-A(1) of the Act before the conciliation officer for the area.

If he belongs to the supervisory cadre with a salary exceeding Rs. 10,000 per month, he can file a civil suit for breach of the contract of employment and claim damages from the management.

The high-handed and unilateral act of termination by the plant head deserves to be condemned. The HR team should approach the plant head and emphasize the illegality of the action. Additionally, this should be brought to the attention of the top decision-maker. This is in addition to pursuing legal avenues as advised by other knowledgeable colleagues.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant