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savitas
He has not proven his capability in one department,try utilizing his striengths in other departments.
At the point of Interview the interviwee must have have made some comments on the interview sheet.I am sure you have employed him because you saw some capabilities in him,so harness those areas.
You can just not terminate on basis on vocal warnings.3 memos giving specific solid reasons with proof will keep you legaly safe and also give the employee a chance and some time to ponder on his poor performance.
This is my 2 cents I arent a qualified HR but I work as HR and I would have handeled this problem in a sensitive manner.


ganapathy
1

You are right to seek opinions before terminating him as termination could be traumatic not only for him but also for his family members. As an employer we cannot distance ourselves from his problems as eventually it will impact on the effectiveness of the team and the organisation.

Teammembers state that the performance is owing to poor understanding. This appears to be a communication problem. Did management provide detailed information on how the job is to be done and the reasons for it.

Since he is a member of a team it is possible he may be having a number of bosses.Ensure his poor performance is not due to different managers telling him different things.

You should give him a final opportunity. Discuss with him to identify the problem and ascertain reasons for poor performance.

It could be:



• Personal problems

• Poor skills or knowledge to carry out tasks

• Lack of suitability

• Lack of resources (equipment, manpower)

• Poor relationships with colleagues

If after your discussions and guidance there is still no improvement he should be given a final warning that his services may be terminated if he does not shown the improvement sought by the company.

regards

ganapathy

From Malaysia, Melaka
Sumana1
8

Thank Dinesh, Savita & Ganapathy for the response. I’m sure that I take a just decision in this matter with all your guidance to think in different aspects (legal).
From India, Bangalore
nev
Hi,
I appreciate your thoughts about seeing how you could secure his positiion. However we all require to maintain a balance between personal and professional aspects.
The fact is that you have reprimanded him verbally. As a professional aspect, we require to record it in writing the non performance.
I would suggest, you give him in writing the areas where he has been regularly failing and the times when he has been verbally informed about the same.
His non performanmce could also be because you are placing this person in areas which may be non familiar. Due to this also the performance can suffer.
Incase there are no other positions where you can accommodate this person, the best thing is to call and explain the non performance and ask the person to resign.
It would be in the company interest and yours too. The management requires to send a signal that inefficiency will not be rewarded.

From India, Mumbai
Sumana1
8

Hi Friends,

Now again I cannot issue any warning letter legally as it is easy to spread across to others (misuse) & thereby it damages my company culture as it makes all other colleagues a warrant of insecurity. At this point of time I cannot make the termination of an employee an issue for other colleagues, as this is the first case in about 5 years of our profession.

My Company is small in size say of about 30 - 40 in number, but is a professionaly growing concern & my management says not to make an issue as it doesnot support the confidence of employees & builds up insecurity. Although I can counsel my colleagues, it may not be much convincing as few may be having soft concern towards him only because this could be the first case in company's culture.

As all others who have guided me, the person has been given enough chances to prove himself & also the mgmt had given 3 months leave in between to his interest to pursue master's degree ie to crack CAT, but he could not.

Better option I can look at is to make him resign for the position.

Hmmm.. Any alternative I can think of?

From India, Bangalore
rajzeen
1

Hi,
In my v iew, such an employee should not be terminated instead he should be trained according to his IQ, even if it is beyond his understanding the basic concept, the Organisation can shift him/her to an Organisation where is is deemed fit.
Raj

From India, Hyderabad
suvajit choudhury
YES. Have you heard the the term DISCHARGE SIMPLICITOR. If no please go through it. Hope it will clear your quaries. Suvajit
From India, Delhi
Sumana1
8

Hi, Suvajit, I have not heard of DISCHARGE SIMPLICITOR, can U please provide me some info on it.
From India, Bangalore
venky108
1

Dear Sumathi
I understand that you had counselled him and inspite of him he has not improved. You can tell him that with effect from ..... day he will be relieved and ask him to submit the resignation. Termination may lead to court case and you have to defend yourself.
Better approach will be to have a domestic enquiry for misconduct. But misconduct should have been defined else you cannot take action.
There are options now. Ac with prudence.
regards
venkat

From India, Madras
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