Employee Termination Due to Misconduct
An employee was terminated for his misconduct of assaulting his coworker outside the premises. The assault incident happened due to a quarrel between them during working hours. A show-cause notice was issued, he was suspended, subsistence allowance was paid, and he was terminated after conducting a domestic enquiry. He did not attend the proceedings despite multiple opportunities provided. The decision was made ex-parte by the officer, and he has been terminated from service. The gratuity amount was paid to him by cheque, and he encashed the cheque under protest. Now he has approached the labor court under Section 2AA of the ID Act.
Legal Inquiry
Is it valid on his part? What are all the possibilities to counter the employee?
From India, Srivilliputtur
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An employee was terminated for his misconduct of assaulting his coworker outside the premises. The assault incident happened due to a quarrel between them during working hours. A show-cause notice was issued, he was suspended, subsistence allowance was paid, and he was terminated after conducting a domestic enquiry. He did not attend the proceedings despite multiple opportunities provided. The decision was made ex-parte by the officer, and he has been terminated from service. The gratuity amount was paid to him by cheque, and he encashed the cheque under protest. Now he has approached the labor court under Section 2AA of the ID Act.
Legal Inquiry
Is it valid on his part? What are all the possibilities to counter the employee?
From India, Srivilliputtur
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You can defend your case by appointing a good lawyer to represent you. You have valid reasons to terminate. You followed the principle of natural justice by conducting a domestic enquiry and providing a fair opportunity for the delinquent to represent his case. However, he failed to appear before the enquiry officer. It is up to the labor court to decide on the case of the delinquent. You need to give one month's notice pay and all his terminal settlement, such as leave salary, bonus, and other benefits.
From India, New Delhi
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425From India, New Delhi
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An ex parte enquiry is valid provided it has followed all laid-down parameters of such inquiries. A good lawyer can bring out the facts of the case and get it dismissed from the Labour Court. Whatever authorized dues to workers must be released on time.
From India, Pune
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From India, Pune
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Agreed, a good case should not be lost due to poor argument or omission of facts. Section 11A is there. Though the Apex Court has provided ample citations, sometimes they are overlooked, putting the employer in a position of hardship, invoking the provisions of Article 226, etc.
From India, Chennai
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From India, Chennai
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt