Dear Colleagues, I have a situation in our office. One employee was dismissed by his boss without being given an opportunity to exculpate himself. According to his boss, he discharged him after giving him a warning related to his performance and insubordination. I was on leave when that happened, and upon my return, I found correspondence relating to the issue in my intray. The employee appealed to the Executive Director for reinstatement. A committee was constituted, and an appeal hearing was conducted. The findings of the hearing revealed that the procedure was not followed in dismissing him; therefore, he should be reinstated. This has created a bad relationship between him and his supervisor. We are a small office with no branches in other towns, so transferring him is not possible. Meanwhile, his supervisor and the Executive Director feel that he should be let go. His contract ends in 9 months. Is there any other way to separate from him rather than waiting for the contract to end? Please help.
Regards, Jessy
From Zambia
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Regards, Jessy
From Zambia
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Handling Employee Dismissal in India
If this has happened in India, I would say that since you have made a mistake by dismissing him without following the principles of natural justice, you cannot take any action until the next misconduct occurs on his part or until his contract ends. If you take any action against him, it will be perceived as victimization, which is unfair under Indian laws. Therefore, wait until he commits another misconduct, then frame charges, provide him with all opportunities to be heard, conduct an inquiry, and terminate him based on the inquiry report. Alternatively, wait until his contract period expires.
Regards,
Madhu.T.K
From India, Kannur
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4526If this has happened in India, I would say that since you have made a mistake by dismissing him without following the principles of natural justice, you cannot take any action until the next misconduct occurs on his part or until his contract ends. If you take any action against him, it will be perceived as victimization, which is unfair under Indian laws. Therefore, wait until he commits another misconduct, then frame charges, provide him with all opportunities to be heard, conduct an inquiry, and terminate him based on the inquiry report. Alternatively, wait until his contract period expires.
Regards,
Madhu.T.K
From India, Kannur
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Employee Termination Process and Legal Considerations
While terminating an employee, the employer should have a valid reason for that decision, and the entire process must be documented properly for any potential legal action. If these essential steps are overlooked, the employer becomes vulnerable and accountable in a legal context. The primary reason for an employer to dismiss an employee often revolves around "violating the company's rules and procedures."
It is crucial to note that insubordination usually reflects poorly on the employee. In such cases, the employer may choose to pursue disciplinary actions and address the issue formally. Therefore, the employee should receive a "show cause notice" regarding their next actions without unnecessary delays, especially if their involvement in a particular project is crucial.
Kind regards,
From India, Visakhapatnam
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While terminating an employee, the employer should have a valid reason for that decision, and the entire process must be documented properly for any potential legal action. If these essential steps are overlooked, the employer becomes vulnerable and accountable in a legal context. The primary reason for an employer to dismiss an employee often revolves around "violating the company's rules and procedures."
It is crucial to note that insubordination usually reflects poorly on the employee. In such cases, the employer may choose to pursue disciplinary actions and address the issue formally. Therefore, the employee should receive a "show cause notice" regarding their next actions without unnecessary delays, especially if their involvement in a particular project is crucial.
Kind regards,
From India, Visakhapatnam
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Dear Jessy, Just like to know the following:
1) Was that employee really a culprit?
- If yes, terminate him with the proper procedure. Why wait for 9 months?
- If not, what action will be taken against the superior?
2) If procedures were not followed and this supervisor has jumped the gun and did wrong, as you said:
- What actions will you take against him?
3) Now, you yourself are an HR professional. Why are you asking for the employee's exit and not for the supervisor's?
I may be harsh asking the above, but answers to the above will clear the picture in your mind about what to do. I know in advance you can't stand for this employee as everyone might be against him, but I think you should communicate to him after a certain period that his contract will not be extended so that he may find a job.
Regards,
Rupendra Chahar
From India, Gurgaon
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1) Was that employee really a culprit?
- If yes, terminate him with the proper procedure. Why wait for 9 months?
- If not, what action will be taken against the superior?
2) If procedures were not followed and this supervisor has jumped the gun and did wrong, as you said:
- What actions will you take against him?
3) Now, you yourself are an HR professional. Why are you asking for the employee's exit and not for the supervisor's?
I may be harsh asking the above, but answers to the above will clear the picture in your mind about what to do. I know in advance you can't stand for this employee as everyone might be against him, but I think you should communicate to him after a certain period that his contract will not be extended so that he may find a job.
Regards,
Rupendra Chahar
From India, Gurgaon
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Dear Rupendra, thank you for your response. Please see below.
1. Employee's Guilt
According to my analysis of the situation, the employee was indeed a culprit but took advantage of the fact that procedures were not followed. Looking at his file, a sound warning was issued to him months ago regarding his performance.
2. Actions Against the Superior
The superior has been warned.
3. HR's Perspective on Employee and Supervisor
Despite the fact that procedures were not followed, the employee was guilty of the offenses leveled against him. As stated earlier, he took advantage of the procedural lapse.
According to the terms and conditions of service, notice shall be given to him three months before the end of his contract.
Regards,
Jessy
From Zambia
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1. Employee's Guilt
According to my analysis of the situation, the employee was indeed a culprit but took advantage of the fact that procedures were not followed. Looking at his file, a sound warning was issued to him months ago regarding his performance.
2. Actions Against the Superior
The superior has been warned.
3. HR's Perspective on Employee and Supervisor
Despite the fact that procedures were not followed, the employee was guilty of the offenses leveled against him. As stated earlier, he took advantage of the procedural lapse.
According to the terms and conditions of service, notice shall be given to him three months before the end of his contract.
Regards,
Jessy
From Zambia
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HR Manual (Employee Hand Book).doc