A female employee covers someone up or speaks wrongly about someone's character, which spoils the atmosphere of the company. Any leagal act for termination ?

aadi-group
is there any legal Act for ..below kind of the issue. Kindly suggest..
if any , A female employee covers someone up or speaks wrongly about someone's character, which spoils the atmosphere of the company.
Madhu.T.K
If the female employee is speaking about someone else and if that person is a male, naturally, you can ask her to put the grievance in the POSH committee and address the issue. If there is no evidence on her part, dismiss the complaint and punish her for her hearsay complaints. But you cannot terminate right now without having any evidence.
aadi-group
Female employee talking about other female employee...(Like She is not good by character or have affairs with him....etc)
and another girl draft complain in HR department
what action taken by HR....please guide
Madhu.T.K
Issue a show cause notice asking her to reply why action should not be taken against her for making negative remarks about her fellow employees. making negative remarks about co workers is a misconduct and you can take it up as a charge against the employee. Let us see what answer she could give and if not satisfactory, conduct an enquiry and based on the enquiry reports award punishment.
Krushna
I have a similar query. One employee tells to a new employee ( former's immediate authority) about some discrepancy of another senior employee who has been with the company for long years. Later, the new employee comes to know that his same subordinate is gossiping bad about him with other team members through an another team member.

The new employee writes him requesting him to abstain doing this and focus on work. The subordinate counter asks to disclose the name of the informer. Here, the new employee replies back he won't disclose the person's name and instead he puts query to him that you are the person who had told some discrepancy about the old and senior employee earlier to him with a copy mark to the senior employee.
But the senior employee takes side to the old employee and pressurises the management to terminate the new employee.

In this scenario and actual situation problem in work place, what should be the best course of action?

Thanks,
Madhu.T.K
Gossiping is a bad attitude among the employees. If you had a protocol with regard to what all are expected and what all are not expected from the employees (which is available to establishments as part of legal compliance called, Standing Orders) you could take it forward very easily. Even without a proper certified Standing Orders , if you had an employee handbook describing the employee- employer relationship, these kinds of attitudes could be avoided. Anyway, as pointed out in my earlier reply to Aadi- Group, please initiate a disciplinary action and take a call.
Krushna
Instead of initiating a disciplinary action or enquiry, the company under the undue pressure from the old and senior employee terminates the new employee and no action against the old employee who gossips.

What should be the views in this matter.

Regards,
Madhu.T.K
That is absolutely unfair and illegal. You cannot terminate an employee on hearsay. You should have at least conducted an enquiry before taking action against the new employee. Now it would become a tug of war between the supporters of old members and the new employees. The message the company has given is that no one shall question any body who has been with the company for long time. That is a wrong message.
alok-singh1
@Aadi, Issue show cause notice and ask her for justification within 48 hrs why action should not be taken against her. If reply/justification is not satisfactory you can issue a warning letter for the same.
PRABHAT RANJAN MOHANTY
The female employee is talking absurds about others is a misconduct. The office atmosphere gets disturbed due to her I'll talking about others. You call the employee ask her to resign or else company can terminate, if she fails to do as asked.
I know the employee would not agree to resign. In event of such circumstance the company can terminate the employee by paying the notice amount, is the easiest way to deal this types of cases. This termination is legal because is as per the terms of appointment.
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