Dear Sir/Madam, one of our employees has been accused of harassment outside the organization. Although the incident occurred outside, it is causing significant unrest within the community, which is located just 1 km from our organization. The village residents have committed to demonstrating in front of our organization and have submitted a petition demanding immediate action against the employee. Our Managing Director has asked if it is possible to terminate the employee, as our management believes such individuals should not be part of our organization.
Questions
1. As an HR professional, how should I handle this grievance? Is it possible to terminate an employee for an issue that occurred outside the organization? What immediate actions should we take?
2. The village residents have submitted a written petition requesting action against the employee. Can we legally terminate the employee based on this petition?
3. The village residents also filed a police complaint against the employee. However, the police did not pursue the case and only inquired about the issue when the employee was absent. The police have since closed the case.
4. Our Managing Director is still asking if it is possible to terminate the employee due to pressure from the community. Could you kindly suggest the legal actions we should take in response to this grievance?
Regards
From India, Chennai
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1Questions
1. As an HR professional, how should I handle this grievance? Is it possible to terminate an employee for an issue that occurred outside the organization? What immediate actions should we take?
2. The village residents have submitted a written petition requesting action against the employee. Can we legally terminate the employee based on this petition?
3. The village residents also filed a police complaint against the employee. However, the police did not pursue the case and only inquired about the issue when the employee was absent. The police have since closed the case.
4. Our Managing Director is still asking if it is possible to terminate the employee due to pressure from the community. Could you kindly suggest the legal actions we should take in response to this grievance?
Regards
From India, Chennai
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From the facts, it is prima facie evident that this is not a case that may fall under the Sexual Harassment Prevention Act of 2013. Then, it must be determined whether the said employee has committed any misconduct relating to employment, and whether the said action falls within the list of misconducts of the company (see Glaxo case). If not, and if the employer terminates the employee, it will be considered without reasonable cause within the meaning of Section 41 of the TN Shops and Establishment Act, 1947, and can be set aside by the authority under the Act. Even if model standing orders are applicable, such an act does not fall within the purview of the list of misconducts. Merely because villagers have a complaint against him, they may pursue a separate criminal procedure remedy.
Supposing that the employee had a tiff at his house with his wife, would you terminate him because locals have complained against him? He can also sue those villagers if the allegations are proved to be false. Yes, if the list of misconducts includes one stating that he will not do any act unbecoming of a civilized person, whether inside or outside the workplace, then you could potentially take action against him, but only after following the procedure as per the principles of natural justice. The villagers could then be called as witnesses. Thus, in the present situation, ask the employee to deter such misbehavior in the wake of complaints by villagers.
Thanks,
Regards, Sushil
From India, New Delhi
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Supposing that the employee had a tiff at his house with his wife, would you terminate him because locals have complained against him? He can also sue those villagers if the allegations are proved to be false. Yes, if the list of misconducts includes one stating that he will not do any act unbecoming of a civilized person, whether inside or outside the workplace, then you could potentially take action against him, but only after following the procedure as per the principles of natural justice. The villagers could then be called as witnesses. Thus, in the present situation, ask the employee to deter such misbehavior in the wake of complaints by villagers.
Thanks,
Regards, Sushil
From India, New Delhi
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Handling Employee Grievance and Disciplinary Actions
The maximum you can do is take disciplinary action against him, not because of the harassment issue but because of the nuisance created at the company because of him. You cannot involve, even if it is difficult to prove, and it is not an employer's issue. So, the employer may only warn the employee for being the reason for the nuisance at the company, disturbing the environment and reputation of the company, and warn him. With nuisance and malpractice in public places, you can give him a notice, and if the act is grave, you may suspend him, but make sure the reasons stated will be as per your company's orders. If you want to hit the target beyond the wall, take the twisted route.
Secondly, the police do not take action immediately; they will have a maximum of 90 days for an inquiry period to investigate the matter, and then they frame the charges as per the facts, witness statements, and evidence they gather. All you need to do is make a call and ask how far the investigation is done, and make sure they do not file a B report (false report) to the court.
From India, Bangalore
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The maximum you can do is take disciplinary action against him, not because of the harassment issue but because of the nuisance created at the company because of him. You cannot involve, even if it is difficult to prove, and it is not an employer's issue. So, the employer may only warn the employee for being the reason for the nuisance at the company, disturbing the environment and reputation of the company, and warn him. With nuisance and malpractice in public places, you can give him a notice, and if the act is grave, you may suspend him, but make sure the reasons stated will be as per your company's orders. If you want to hit the target beyond the wall, take the twisted route.
Secondly, the police do not take action immediately; they will have a maximum of 90 days for an inquiry period to investigate the matter, and then they frame the charges as per the facts, witness statements, and evidence they gather. All you need to do is make a call and ask how far the investigation is done, and make sure they do not file a B report (false report) to the court.
From India, Bangalore
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Thank you for your suggestions. I have one more clarification: the villagers submitted a petition against him. Is this petition useful for initiating disciplinary action? If we proceed with disciplinary action, what type of disciplinary action can we take against him?
From India, Chennai
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From India, Chennai
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Employer's Dilemma: Termination and Legal Repercussions
Who prevents the employer from issuing the termination warrant of an employee, but at the same time, should be ready to pay back wages arrears on reinstatement if the employee is proved to be a workman and their termination is proved to be unlawful? The above case is squarely covered by the decision of the Apex Court in Glaxo Laboratories v. Pressing Officer decided in 1983, in which the situs of misconduct committed was far away from the establishment. In the instant case, even the act does not seem to have been covered under the list of misconducts. It was held that if the employer is going to control such conditions of service concerning acts done far away from the establishment, it will amount to slavery.
Thanks,
Sushil
From India, New Delhi
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Who prevents the employer from issuing the termination warrant of an employee, but at the same time, should be ready to pay back wages arrears on reinstatement if the employee is proved to be a workman and their termination is proved to be unlawful? The above case is squarely covered by the decision of the Apex Court in Glaxo Laboratories v. Pressing Officer decided in 1983, in which the situs of misconduct committed was far away from the establishment. In the instant case, even the act does not seem to have been covered under the list of misconducts. It was held that if the employer is going to control such conditions of service concerning acts done far away from the establishment, it will amount to slavery.
Thanks,
Sushil
From India, New Delhi
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