Termination After Domestic Enquiry: What Happens When an Employee Doesn't Show Up?

Dear members,

Attached is the news clipping from today's Times of India, Bengaluru edition. The case highlights the importance of ordering a domestic enquiry.

One of the employees of Hyderabad British Library was absent. To investigate the absence, the company had ordered a domestic enquiry. However, the employee did not appear before the enquiry. Consequently, the company made an ex parte decision and terminated the services of the employee. Later, the employee challenged the termination; however, the High Court upheld the termination.

Thanks,

Dinesh Divekar
**Location**: Bangalore, India
terminating an employee, termination policy, domestic enquiry, termination of employment, Country-India, City-India-Bangalore,

In the case mentioned, the High Court upheld the termination of the Hyd British Library Manager, emphasizing the importance of conducting a domestic enquiry when dealing with employee terminations. Here are some key points to consider:

- Importance of Domestic Enquiry: A domestic enquiry is a crucial step in the termination process as it allows the employer to investigate the circumstances surrounding the employee's absence or misconduct in a fair and transparent manner.

- Employee Non-Appearance: When an employee fails to participate in the domestic enquiry, the employer may proceed with an ex parte decision based on the available evidence and facts.

- Legal Validity: The termination decision was legally upheld by the High Court, indicating that the company followed due process and provided the employee with an opportunity to present their case during the enquiry.

- Challenging Termination: Employees have the right to challenge their termination, but the outcome will depend on whether the employer followed proper procedures and adhered to relevant labor laws.

- Lessons Learned: This case underscores the significance of documenting all steps taken during the termination process, including conducting a thorough domestic enquiry and ensuring compliance with applicable laws and company policies.

- Future Considerations: To avoid potential legal challenges, it is essential for employers to follow established procedures, provide employees with a fair opportunity to be heard, and maintain detailed records of all termination-related activities.

By adhering to proper protocols and ensuring procedural fairness, organizations can mitigate risks associated with employee terminations and uphold the integrity of their decision-making processes.