Terminating a Probationer for Misconduct: Is a Disciplinary Hearing Necessary?

Termination of a Probationer: Disciplinary Hearing Requirement

Does the termination of a probationer, who is being accused of misconduct, necessitate a disciplinary hearing before the termination is carried out?

Dear Colleague,

Probationers and Disciplinary Process

Probationers are those who are recruited against a permanent vacancy in any company and will obtain permanency upon completing the required probation. Any disciplinary action taken for misconduct or non-performance necessitates a disciplinary process involving an inquiry conducted by an independent officer. Subsequently, issue the appropriate order in accordance with your certified standing order or applicable code of conduct. Failure to follow this procedure may result in the probationer being reinstated due to non-compliance with the process. Therefore, it is advisable to adhere to the process. Certain clauses such as "your services may be terminated during probation without reasons being provided by the Management" are quite arbitrary and might be questioned by the courts in case of a dispute arising.

Based on my practical experience, I highly recommend adhering to the process to anticipate and manage potential future complexities.

Termination of a Probationer

If he is a probationer, then he can be removed without cause (at least most appointments are on those terms).

So, I have no idea why you wish to create problems for yourself by putting details and casting aspersions on the person in the termination letter. Why not just have a simple termination as per the terms of the appointment letter and close the matter?

If you are doing something out of spite, then yes, you will have to face the music. In such cases, it's better to follow Dr. Siva's suggestions.