Wrongful Termination After Resignation: Can I Challenge This in Labour Court?

Hello all,

Recently, I tendered my resignation, and it was verbally confirmed for a notice period of 30 days. However, four days later during my notice period, I was surprised to receive a disciplinary action meeting followed by immediate termination without prior warning or a formal process. This termination was based on an alleged violation of cab alignment hours in the office. I was informed that I had taken the cab one hour early before the shift ended over the past two months without informing the manager.

My points are:

1. There was no communication specifying that employees had to strictly be in the office for nine hours. When I inquired if my work performance had been an issue, I was told that it was not about my work.

2. The company operates in a hybrid model, and many people leave as per their own convenience. In my case, even the manager primarily works from home and comes to the office at his convenience.

3. If my actions were considered misconduct, why was this issue not addressed with me earlier? I had mentioned that I would adhere to the complete shift timings when in the office. Despite this, I was terminated.

Please advise on what steps I should take in this case. Am I eligible to approach the Labour Court?

Eligibility for Dispute Redressal

Whether you can take it to dispute redressal machinery or not depends on your role in the organization. If you were working in a managerial capacity with managerial powers and functions of leave approval, performance appraisal of your subordinates, and initiating disciplinary action against employees, then you cannot get the protection of the Industrial Disputes Act.

On the other hand, if you were working purely as a member of a technical team with no subordinates reporting to you, then you can approach the Labor Officer, who is the appropriate authority to address such issues in the first instance.

Once you file a complaint, the Labor Officer will ask the company officials to provide an explanation for the illegal termination, particularly if it was done without following the basic principles of offering the employee an opportunity to be heard. If he finds that there is merit in the charges against you, then the Labor Officer will ask the employer to conduct an inquiry based on the charges and then make a decision.