Dear Seniors,
Emergency leave without pay (LOP) was granted to one of our employees; however, through reliable sources, we found that she had lied to obtain the leave. In this scenario, please clarify whether the lie may qualify as misconduct and lead to termination.
Regards,
ASHISH
From India, Jaipur
Acknowledge(0)
Amend(0)
Emergency leave without pay (LOP) was granted to one of our employees; however, through reliable sources, we found that she had lied to obtain the leave. In this scenario, please clarify whether the lie may qualify as misconduct and lead to termination.
Regards,
ASHISH
From India, Jaipur
Acknowledge(0)Amend(0)
Dear Ashish,
In legal parlance, "lie" is called "misrepresentation of facts." If an employee has misrepresented the facts and you have concrete evidence, you may investigate the matter by ordering a domestic enquiry. If the misconduct is proven, you may take suitable disciplinary action.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(2)
Amend(0)
8072In legal parlance, "lie" is called "misrepresentation of facts." If an employee has misrepresented the facts and you have concrete evidence, you may investigate the matter by ordering a domestic enquiry. If the misconduct is proven, you may take suitable disciplinary action.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(2)Amend(0)
As already suggested, if you have documentary evidence, you can issue a charge sheet, initiate a domestic enquiry proceeding, and take appropriate measures. Make sure that the punishment is proportionate to the gravity of the misconduct.
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
Understanding the Role of Enquiries in Misconduct Cases
Please check the clause in your Certified Standing Orders. It is not necessary that all show cause or charge sheets turn into an enquiry. If the employee, in their reply, unambiguously accepts the charges in total, pleads guilty, and prays for forgiveness, where is the question of conducting an enquiry? It is a farce. Conducting a domestic enquiry is a process followed to arrive at a decision on the truthfulness of the charges. In that process, the delinquent is given opportunities to defend themselves, and the principles of natural justice are followed.
From India, Chennai
Acknowledge(0)Amend(0)
Please check the clause in your Certified Standing Orders. It is not necessary that all show cause or charge sheets turn into an enquiry. If the employee, in their reply, unambiguously accepts the charges in total, pleads guilty, and prays for forgiveness, where is the question of conducting an enquiry? It is a farce. Conducting a domestic enquiry is a process followed to arrive at a decision on the truthfulness of the charges. In that process, the delinquent is given opportunities to defend themselves, and the principles of natural justice are followed.
From India, Chennai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Why did this talented employee leave.doc