A worker has gone to the company's panel clinic and obtained 1-day sick leave. Instead of going back home, he was seen at a cinema located at a shopping mall watching a movie. His actions were reported to the management, and he was suspended for 7 days. On the last day of his suspension, a domestic inquiry was held, and subsequently, he was terminated from services.
What is your opinion on this termination... justified or wrongful?
From Malaysia, Kuala Lumpur
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15What is your opinion on this termination... justified or wrongful?
From Malaysia, Kuala Lumpur
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Hello,
In short, it's justified. But what about the Doctor in the Company's panel clinic who gave the permission for the sick leave? What action do you propose to take on him/her? Was any inquiry conducted on his/her reasons? Aren't BOTH the employee and the Doctor equally culpable for this act?
Regards,
TS
From India, Hyderabad
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In short, it's justified. But what about the Doctor in the Company's panel clinic who gave the permission for the sick leave? What action do you propose to take on him/her? Was any inquiry conducted on his/her reasons? Aren't BOTH the employee and the Doctor equally culpable for this act?
Regards,
TS
From India, Hyderabad
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It is not justified since the doctor was permitted by the panel to take rest. Since he felt okay, he went for a movie. One cannot be terminated for watching a movie; a warning could have been given to the doctor and the employee. But for the sake of disciplinary conduct, it could be somehow justified...
From India, New Delhi
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From India, New Delhi
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Action is a little bit harsh. Sick leave was for rest, and sitting in an air-conditioned cinema hall is also a kind of rest only. Yes, if he was found playing football or cricket, we can say give punishment, but a restful air-conditioned theatre hall is not all that serious an offence. Legally, the punishment can be justified, but one does not go for the highest punishment for this type of offence.
From India, Pune
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From India, Pune
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Since the domestic inquiry was conducted and he was found guilty, legally it is fine. I assume your standing orders provide for this.
I disagree that he can go for a movie because he was asked to take rest. This is a very clear case of misconduct. The option of warning, pay cut, demotion, or other penalty is always there. It's for the management to decide whether it values discipline and truthfulness above all. If so, obviously it's a warning to everyone else.
If he was allowed to remain, it would take very little time for him to know who has complained and a new problem would probably start. I am sure the person was a witness in the proceeding.
From India, Mumbai
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I disagree that he can go for a movie because he was asked to take rest. This is a very clear case of misconduct. The option of warning, pay cut, demotion, or other penalty is always there. It's for the management to decide whether it values discipline and truthfulness above all. If so, obviously it's a warning to everyone else.
If he was allowed to remain, it would take very little time for him to know who has complained and a new problem would probably start. I am sure the person was a witness in the proceeding.
From India, Mumbai
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After his dismissal, the worker lodged a report with the Industrial Court with the following outcome:
1. The company argued that the worker was rightly dismissed because he went to the clinic, not feeling well, and was prescribed medications and given one day of sick leave so that he could rest after taking the medicine. He cheated the company by going to a movie after reporting sick.
Industrial Court's Decision
2. The Industrial Court Chairman ordered the company to reinstate the worker as his dismissal was wrongful for the following reasons:
A. There is no written law stating that a sick employee should only rest at home.
B. Sick leave is given so that the employee can rest, and the employee has the right to choose the place he wants to rest. The cinema is also a place of relaxation, as is window shopping. Every individual has their way of resting.
C. The issue of the worker needing to take medicine and rest is not important because the doctor can only prescribe the medication, but the decision of when to consume it is solely the employee's right.
D. If the worker has gone to work for another company while on sick leave or has been involved in any stress-related activities against his sick leave, then the employee is wrong.
After the case, the company has made it compulsory for the panel clinics to state the nature of sickness in the sick leave.
From Malaysia, Kuala Lumpur
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1. The company argued that the worker was rightly dismissed because he went to the clinic, not feeling well, and was prescribed medications and given one day of sick leave so that he could rest after taking the medicine. He cheated the company by going to a movie after reporting sick.
Industrial Court's Decision
2. The Industrial Court Chairman ordered the company to reinstate the worker as his dismissal was wrongful for the following reasons:
A. There is no written law stating that a sick employee should only rest at home.
B. Sick leave is given so that the employee can rest, and the employee has the right to choose the place he wants to rest. The cinema is also a place of relaxation, as is window shopping. Every individual has their way of resting.
C. The issue of the worker needing to take medicine and rest is not important because the doctor can only prescribe the medication, but the decision of when to consume it is solely the employee's right.
D. If the worker has gone to work for another company while on sick leave or has been involved in any stress-related activities against his sick leave, then the employee is wrong.
After the case, the company has made it compulsory for the panel clinics to state the nature of sickness in the sick leave.
From Malaysia, Kuala Lumpur
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Hello,
All I can say is that the company lawyer handled the case badly - "not feeling well" can mean anything under the sun, and the court interpreted it the way it saw. Even though of academic interest (unless your company plans to go for an appeal), what exactly was the illness with this employee that he was advised sick leave, and what were the medications prescribed/given? Also, were the medications given at the clinic or prescribed for the employee to buy from outside?
Regards,
TS
From India, Hyderabad
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All I can say is that the company lawyer handled the case badly - "not feeling well" can mean anything under the sun, and the court interpreted it the way it saw. Even though of academic interest (unless your company plans to go for an appeal), what exactly was the illness with this employee that he was advised sick leave, and what were the medications prescribed/given? Also, were the medications given at the clinic or prescribed for the employee to buy from outside?
Regards,
TS
From India, Hyderabad
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Complained of neck pain and blood pressure was slightly high, and was given blood pressure pills. Medication was provided at the clinic.
The incident occurred at my neighbor's company last week, and they are not appealing as only one month's salary is to be paid back. However, they are exploring options for better sick leave monitoring.
As for my company, we are studying the upgrading of the workers' medical database by tracking the frequency of visits to the clinic, type of sickness reported, medication prescribed, and clinics that they frequently visit.
From Malaysia, Kuala Lumpur
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The incident occurred at my neighbor's company last week, and they are not appealing as only one month's salary is to be paid back. However, they are exploring options for better sick leave monitoring.
As for my company, we are studying the upgrading of the workers' medical database by tracking the frequency of visits to the clinic, type of sickness reported, medication prescribed, and clinics that they frequently visit.
From Malaysia, Kuala Lumpur
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I am not an HR expert. However, I can comment on the issue based on the comments so far. I wish the bloggers would clearly state the situation at the outset to avoid people making comments based on their perceptions of the situation. For example, if I were prescribed a medicine that could make me drowsy, it would be advisable for me to be given a day off from operating a machine or driving a vehicle. However, I could still go for a movie with a friend to relax when on sick leave unless my contract with the company clearly prohibits that.
If the blogger had said that he is posting an actual case that had been solved and was only seeking others' views to inform what really was the outcome, the comments from other experts might have been different. He should have also given complete information on why the person at the clinic advised him to rest.
In case I have hurt anyone by my comments, it's not intentional.
From United Kingdom
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If the blogger had said that he is posting an actual case that had been solved and was only seeking others' views to inform what really was the outcome, the comments from other experts might have been different. He should have also given complete information on why the person at the clinic advised him to rest.
In case I have hurt anyone by my comments, it's not intentional.
From United Kingdom
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Dear Mr. Simhan, No worries, Sir. Your comments are appreciated. For me, this forum is not only to give ideas or solutions in HR matters but is also a very good learning center on HR. My posting was simple and a closed case, but my intention was to seek the opinions of HR experts. Is it right, without HR experience, to go to a movie while on sick leave, and whether termination is the right punishment?
In my opinion, the company should not have terminated the worker, and with the IR judgment, a loophole has been introduced to the workers.
My sincere apologies. Regards
From Malaysia, Kuala Lumpur
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In my opinion, the company should not have terminated the worker, and with the IR judgment, a loophole has been introduced to the workers.
My sincere apologies. Regards
From Malaysia, Kuala Lumpur
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Punishment and Justice
Punishment must meet the ends of justice, be reformative, be a deterrent, and in the final analysis, it should be fair and proportionate to the offense. Going to a cinema while on sick leave is wrong but does not merit dismissal unless, of course, there is a history of mischief by the worker. Opinions could vary, but this is how I view it.
In the course of my work, I always tended to be lenient in recommending punishment for such offenses and strict for financial irregularities, acts of violence, etc.
Regards
From India, Pune
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Punishment must meet the ends of justice, be reformative, be a deterrent, and in the final analysis, it should be fair and proportionate to the offense. Going to a cinema while on sick leave is wrong but does not merit dismissal unless, of course, there is a history of mischief by the worker. Opinions could vary, but this is how I view it.
In the course of my work, I always tended to be lenient in recommending punishment for such offenses and strict for financial irregularities, acts of violence, etc.
Regards
From India, Pune
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