Dear Professional, The management fired an ex-employee from the company last month and made full and final, but that ex-employee takes legal action for the same. So please help how can we protect the company.
Kindly suggest your legal advice for such an important matter.
From India, Mohali
1Kindly suggest your legal advice for such an important matter.
From India, Mohali
Hi
What is the reason for termination and whether disciplinary process followed properly?
Even after clearing FFS why employee is challenging the company?
If termination is for misconduct whether employee accepted his mistake? Any apology letter took from the employee?
From India, Madras
What is the reason for termination and whether disciplinary process followed properly?
Even after clearing FFS why employee is challenging the company?
If termination is for misconduct whether employee accepted his mistake? Any apology letter took from the employee?
From India, Madras
Dear Sir, There have already been several warnings, dismissals due to misconduct against the superiors We already have the receipt.
From India, Mohali
From India, Mohali
Where the dismissal was due to misconduct against superiors, it was legally necessary to follow the principles of natural justice in taking punitive action. It appears the process was not followed. So, in the event of the employee challenging the punishment in a court of law, engage a good advocate, experienced in labour law matters to defend the company. It is advised that in replying to such a petition, list out all the misdeeds and specifically seek an opportunity to prove the misconduct on merits before the court. If the same is done properly you will be able to emerge scathfree from this.
From India, Mumbai
From India, Mumbai
If you need legal advice, then talk to your company’s legal advisers. That’s what you pay them for - to keep the company safe and protected.
From Australia, Melbourne
From Australia, Melbourne
Hi,
First of all, what is the category of that employee? Is he a workman or a n executive. If a workman, for any misconduct, the disciplinary procedure should have been followed i.e. issue of show cause notice, reply from workman (if he gives), issue of enquiry notice, conducting the domestic enquiry as per procedure duly following the principles of natural justice, after receiving the enquiry report, issue of second show cause notice, after getting explanation, issue the final dismissal order. These procedures are very important to be followed.
If he files a petition before the Conciliation Officer, you can file a reply statement and the Conciliation Officer will send a failure report after hearing both the parties. The workman will have option to raise an industrial dispute under Sec.2A of the ID Act. You can then engage an Advocate and defend the case. Keep the record properly and identify the witnesses to be examined if the dispute goes to the court.
From India, Madras
First of all, what is the category of that employee? Is he a workman or a n executive. If a workman, for any misconduct, the disciplinary procedure should have been followed i.e. issue of show cause notice, reply from workman (if he gives), issue of enquiry notice, conducting the domestic enquiry as per procedure duly following the principles of natural justice, after receiving the enquiry report, issue of second show cause notice, after getting explanation, issue the final dismissal order. These procedures are very important to be followed.
If he files a petition before the Conciliation Officer, you can file a reply statement and the Conciliation Officer will send a failure report after hearing both the parties. The workman will have option to raise an industrial dispute under Sec.2A of the ID Act. You can then engage an Advocate and defend the case. Keep the record properly and identify the witnesses to be examined if the dispute goes to the court.
From India, Madras
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