Is It Common for HR to Be Authorized by Board Resolution for Signing Termination Letters?

Could someone please suggest on the following...

Is it a normal practice for all companies to authorize HR professionals by way of Board resolution so that they can sign termination and appointment letters?

An employee has filed a case against the company for illegal termination. Her allegation is that the person who has signed her termination letter is not authorized by the company to do so, though he is a Senior Manager HR. This amounts to unfair labor practices for which she is demanding 4 months back wages.

Thank you.

Regards,
Amita

Whether the concerned company's written policy talks about who is authorized for employee termination?

If there are no written documents outlining this procedure, the HR manager, in their capacity, can issue the termination order. It is essential to clarify the terminated employee's designation level.

Chennai.
Ibrahim

Hi!

Thanks for your reply.

The company's HR policy is very broad and general, and it doesn't specify the powers of HR managers. Therefore, we may not be able to rely on it to support our case.

Could you please suggest a way for us to justify that all HR managers inherently have the power of termination? We need to provide evidence in court, such as supporting documents or reference to any law that grants HR managers the authority to terminate employees.

Regards,
Amita

Hi,

In such cases, generally, a letter of delegation of powers to the HR Manager by the board of directors is prepared and filed in courts.

S.M. Paranjape, Advocate