Dear Member,
Case Study:
Mr. Amit Kumar is working in one of the reputed MNCs as a Team Leader.
On 15th June 2016, in the early morning around 2 am, he was caught by police authorities while drunk and driving his car. He worked the general shift on 14th June 2016. As he was heavily drunk and argued with the police, he was taken to the police station where he was kept the whole night in police custody.
The following day, after his medical examination, he was taken to court, which caused his absence from duty. He didn't report to his immediate authority. When caught by the police, he mentioned the name of the HR Senior Personnel who deals with liaison activities just to neutralize the subject matter.
Previously, many outside complaints were reported to the HR manager about Mr. Amit Kumar being drunk and driving, and his misbehavior after drinking.
Considering this, the HR manager reported to his immediate authority, who then informed Mr. Amit Kumar. The court imposed a fine of Rs. 1700/- and released him. When his boss called him and inquired about the incident, he did not disclose the above occurrence and stated that he was not feeling well, which is why he did not report for duty.
Mr. Amit Kumar is a top performer in the company and joined in 2011.
Given the above circumstances, what actions can be initiated against him by HR?
1) Can we issue a show-cause notice to him?
2) Has he not maligned his image and the reputation of the company?
Regards,
PS
From India, Dehra Dun
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10Case Study:
Mr. Amit Kumar is working in one of the reputed MNCs as a Team Leader.
On 15th June 2016, in the early morning around 2 am, he was caught by police authorities while drunk and driving his car. He worked the general shift on 14th June 2016. As he was heavily drunk and argued with the police, he was taken to the police station where he was kept the whole night in police custody.
The following day, after his medical examination, he was taken to court, which caused his absence from duty. He didn't report to his immediate authority. When caught by the police, he mentioned the name of the HR Senior Personnel who deals with liaison activities just to neutralize the subject matter.
Previously, many outside complaints were reported to the HR manager about Mr. Amit Kumar being drunk and driving, and his misbehavior after drinking.
Considering this, the HR manager reported to his immediate authority, who then informed Mr. Amit Kumar. The court imposed a fine of Rs. 1700/- and released him. When his boss called him and inquired about the incident, he did not disclose the above occurrence and stated that he was not feeling well, which is why he did not report for duty.
Mr. Amit Kumar is a top performer in the company and joined in 2011.
Given the above circumstances, what actions can be initiated against him by HR?
1) Can we issue a show-cause notice to him?
2) Has he not maligned his image and the reputation of the company?
Regards,
PS
From India, Dehra Dun
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Dear PS,
Can an employer engage in moral policing regarding the activities of an employee outside the scope of their employment? Certainly not, unless such actions have a negative impact on the employer's reputation and tarnish their character as a responsible member of society. It is true that employment, whether self-employment or hired by another, is one of an individual's social identities. Therefore, any inappropriate behavior or violation of compliance rules must be condemned regardless of where or when it occurs.
Government employees are considered 24-hour Government servants, and being detained in custody for any length of time for any reason necessitates immediate suspension from duties. However, for private sector employees, any misconduct or breaking of the law must be outlined as a violation in the service rules or regulations that apply to them. Specifically, a "Team Leader" would typically hold a position within the managerial or supervisory cadre and would thus be bound by the terms of their employment contract.
Therefore, caution should be exercised when considering formal and strict disciplinary action against the individual. It is crucial to determine whether the Police Authority directly informed the HR Manager about Amitkumar's detention and conviction for drunken driving. Concealing the true reason for his absence is not acceptable. Moreover, exceptional performance cannot excuse disorderly conduct or disregard for the laws of the land. Now that everything is documented, it is advisable to counsel and warn him firmly this time.
Thank you.
From India, Salem
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Can an employer engage in moral policing regarding the activities of an employee outside the scope of their employment? Certainly not, unless such actions have a negative impact on the employer's reputation and tarnish their character as a responsible member of society. It is true that employment, whether self-employment or hired by another, is one of an individual's social identities. Therefore, any inappropriate behavior or violation of compliance rules must be condemned regardless of where or when it occurs.
Government employees are considered 24-hour Government servants, and being detained in custody for any length of time for any reason necessitates immediate suspension from duties. However, for private sector employees, any misconduct or breaking of the law must be outlined as a violation in the service rules or regulations that apply to them. Specifically, a "Team Leader" would typically hold a position within the managerial or supervisory cadre and would thus be bound by the terms of their employment contract.
Therefore, caution should be exercised when considering formal and strict disciplinary action against the individual. It is crucial to determine whether the Police Authority directly informed the HR Manager about Amitkumar's detention and conviction for drunken driving. Concealing the true reason for his absence is not acceptable. Moreover, exceptional performance cannot excuse disorderly conduct or disregard for the laws of the land. Now that everything is documented, it is advisable to counsel and warn him firmly this time.
Thank you.
From India, Salem
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Being a top performer does not excuse him from being a law-abiding citizen. Since he was only fined and let go, he need not be dealt with in a disciplinary manner. However, his behavior puts the company's name in a bad light, and he deserves to be counseled in writing. He has been an offender on earlier occasions as well. Where did he get drunk—on company premises or at some bar outside? Overall, the company needs to keep a watch on his behavioral issues that impact his work.
From India, Pune
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From India, Pune
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This matter involves the company image and also the behavior of the employee as an individual.
As far as the company image is concerned, no compromise should be made. While as an individual, he also does not seem suitable, having been drunk and creating a mess to an extent where he was kept in police custody and then produced before a magistrate.
Being a team leader, the employee seems to be in a senior position. Tolerating such incidents may set a bad precedent for other employees.
From India, Kalyan
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As far as the company image is concerned, no compromise should be made. While as an individual, he also does not seem suitable, having been drunk and creating a mess to an extent where he was kept in police custody and then produced before a magistrate.
Being a team leader, the employee seems to be in a senior position. Tolerating such incidents may set a bad precedent for other employees.
From India, Kalyan
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Unless the employee falls into the category of a manual employee or supervisor to whom the Industrial Employment Standing Orders are applicable, or any other service rules apply, and in addition to this, the so-called misconduct has occurred "on the premises of the establishment," only then can disciplinary action be initiated against the said employee. The HR manager can, at most, call and counsel the employee and may also issue a warning to deter them from engaging in such acts in the future. However, if the employee commits any criminal breach outside of work, they are liable under criminal law and not employment laws.
From India, Pune
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From India, Pune
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc