Dear All,
Kindly provide your suggestions and guidance for the below-mentioned case that happened in my organization.
There was an employee in the Accounts department working as Manager-Accounts who made several mistakes while performing his work. These mistakes were not isolated incidents but occurred repeatedly. Some of the mistakes were unavoidable. When the top management attempted to address the manager regarding his errors and the confusion created within the top management, the manager became offended and sent a negative email to everyone in the organization, using offensive language about our top management. Additionally, he did not serve his notice period and simply left the office.
Confidentiality issues also arose with this employee, who had signed a service level agreement with us for two years, which he violated by leaving without proper notice and failing to hand over his responsibilities.
I now require assistance in issuing a notice to him for being absent from work without approval. Furthermore, I seek guidance on whether we can take legal action against the employee for sending a negative email to everyone.
Thank you.
From India, Pune
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Kindly provide your suggestions and guidance for the below-mentioned case that happened in my organization.
There was an employee in the Accounts department working as Manager-Accounts who made several mistakes while performing his work. These mistakes were not isolated incidents but occurred repeatedly. Some of the mistakes were unavoidable. When the top management attempted to address the manager regarding his errors and the confusion created within the top management, the manager became offended and sent a negative email to everyone in the organization, using offensive language about our top management. Additionally, he did not serve his notice period and simply left the office.
Confidentiality issues also arose with this employee, who had signed a service level agreement with us for two years, which he violated by leaving without proper notice and failing to hand over his responsibilities.
I now require assistance in issuing a notice to him for being absent from work without approval. Furthermore, I seek guidance on whether we can take legal action against the employee for sending a negative email to everyone.
Thank you.
From India, Pune
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Dear Meenakshi,
The heading of your post is misplaced. It is more than just a negative attitude. Your Accounts Manager has conducted the following misconducts:
a) Job errors
b) Passing a mail to the employees with unsavoury comments against senior management personnel
c) Unauthorised absence from duties
Now, you may order the domestic enquiry for the above-mentioned misconduct. If the employee attends the enquiry, then well and good. Otherwise, if he remains absent for the enquiry as well, you may record his absence and later award the punishment ex parte. If the anomalies in the accounts are glaring, then you may lodge a police complaint. However, take this decision judiciously.
Thanks,
Dinesh Divekar
From India, Bangalore
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8036The heading of your post is misplaced. It is more than just a negative attitude. Your Accounts Manager has conducted the following misconducts:
a) Job errors
b) Passing a mail to the employees with unsavoury comments against senior management personnel
c) Unauthorised absence from duties
Now, you may order the domestic enquiry for the above-mentioned misconduct. If the employee attends the enquiry, then well and good. Otherwise, if he remains absent for the enquiry as well, you may record his absence and later award the punishment ex parte. If the anomalies in the accounts are glaring, then you may lodge a police complaint. However, take this decision judiciously.
Thanks,
Dinesh Divekar
From India, Bangalore
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Thanks Mr. Dinesh for providing your views on this case which is helpful for me go ahead further.
From India, Pune
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From India, Pune
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Dear Dinesh,
Good afternoon, sir. I would like to thank you for your clear explanation and guidance on our group queries. Sir, could you please explain the procedures for domestic enquiries and clarify what is meant by ex parte punishment?
Thank you,
Sridhar - HR
From India, Coimbatore
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Good afternoon, sir. I would like to thank you for your clear explanation and guidance on our group queries. Sir, could you please explain the procedures for domestic enquiries and clarify what is meant by ex parte punishment?
Thank you,
Sridhar - HR
From India, Coimbatore
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Dear Sridhar,
To know about the process of the domestic enquiry, there are a whole lot of posts. You may go to the search window and type "enquiry process," and you will get many posts. Otherwise, go to Google and type "Domestic Enquiry Process Citehr," and you will get many posts.
To know the meaning of ex parte, please click the hyperlink: ex parte.
Thanks,
Dinesh Divekar
From India, Bangalore
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To know about the process of the domestic enquiry, there are a whole lot of posts. You may go to the search window and type "enquiry process," and you will get many posts. Otherwise, go to Google and type "Domestic Enquiry Process Citehr," and you will get many posts.
To know the meaning of ex parte, please click the hyperlink: ex parte.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Friend,
In your posting, there is some smoke seems available. He made some mistakes, the mistakes unavoidable. "What is the meaning for that?" Are the mistakes done by the person or were they collective mistakes? These lines will cause trouble. Either the accounts department did not function properly, or there were elements of misappropriation in the name of mistake going in the books. Regarding mailing about seniors, one must have a serious view. As for absence, you can conduct a preliminary inquiry and make a decision ex-parte.
1) First, identify the mistakes that you all have noticed and how they were unavoidable.
2) Obtain a letter from your seniors to take appropriate action for the offense; otherwise, the information becomes null and void. The format should address the employee's confrontation of provocation and absentmindedly being sent to the seniors and all employees. Ensure that the employee's disrespect towards the seniors is documented in written format.
3) Absence without information attracts the appropriate rules and clauses of the employee acceptance letter and working period. This can be handled independently.
4) Initiate disciplinary proceedings for absence with severe punishment for not handing over the post responsibilities. You can also initiate proceedings for indiscipline activities.
When taking action, be prepared for consequences. Merely taking action will not yield results.
From India, Arcot
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In your posting, there is some smoke seems available. He made some mistakes, the mistakes unavoidable. "What is the meaning for that?" Are the mistakes done by the person or were they collective mistakes? These lines will cause trouble. Either the accounts department did not function properly, or there were elements of misappropriation in the name of mistake going in the books. Regarding mailing about seniors, one must have a serious view. As for absence, you can conduct a preliminary inquiry and make a decision ex-parte.
1) First, identify the mistakes that you all have noticed and how they were unavoidable.
2) Obtain a letter from your seniors to take appropriate action for the offense; otherwise, the information becomes null and void. The format should address the employee's confrontation of provocation and absentmindedly being sent to the seniors and all employees. Ensure that the employee's disrespect towards the seniors is documented in written format.
3) Absence without information attracts the appropriate rules and clauses of the employee acceptance letter and working period. This can be handled independently.
4) Initiate disciplinary proceedings for absence with severe punishment for not handing over the post responsibilities. You can also initiate proceedings for indiscipline activities.
When taking action, be prepared for consequences. Merely taking action will not yield results.
From India, Arcot
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Dear Meenakshi,
Please act as suggested by Mr. Dinesh. One more point that came to mind is why did that manager, even after knowing the implications very well, leave the organization without any care or concern. You need to consider whether he has any critical information that affects the organization; please think about this as well.
In your communication, you mentioned that "The nature of mistakes is unavoidable," and if they are serious in nature, then you and management need to think before proceeding further. This doesn't mean to stop actions but to think twice and proceed.
Thanks,
Kamesh 333.
From India, Hyderabad
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Please act as suggested by Mr. Dinesh. One more point that came to mind is why did that manager, even after knowing the implications very well, leave the organization without any care or concern. You need to consider whether he has any critical information that affects the organization; please think about this as well.
In your communication, you mentioned that "The nature of mistakes is unavoidable," and if they are serious in nature, then you and management need to think before proceeding further. This doesn't mean to stop actions but to think twice and proceed.
Thanks,
Kamesh 333.
From India, Hyderabad
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Mr. Dinesh Devakar,
He may object to the Domestic Inquiry as he is working in a managerial position. Regarding abeyance, we can take action or utilize the available facilities to recall. Instead of immediately resorting to disciplinary action, we should approach the situation with a calm mind, invite him for a discussion, and then decide the next course of action after verifying all details.
Should we commence disciplinary action after verifying the visual evidence? We need to ensure the accuracy of the visual evidence as well.
From India, Mumbai
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He may object to the Domestic Inquiry as he is working in a managerial position. Regarding abeyance, we can take action or utilize the available facilities to recall. Instead of immediately resorting to disciplinary action, we should approach the situation with a calm mind, invite him for a discussion, and then decide the next course of action after verifying all details.
Should we commence disciplinary action after verifying the visual evidence? We need to ensure the accuracy of the visual evidence as well.
From India, Mumbai
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Dear Mr. Shrikant Bhalekar,
If the senior management observes some discrepancy or non-compliance, then they are free to order a domestic inquiry. A domestic inquiry is not just restricted to the non-managerial cadre. The purpose of the inquiry is to find out the facts. It does not have the power to award punishment. Therefore, your concern about the manager's objection to the domestic inquiry is misplaced.
Mistakes can happen inadvertently. But then, why did that manager write a derogatory email about senior management? If his hands were clean, he could have clarified his position. The manager did not bother to continue his employment but abandoned his duties. What does this show? He is running away because his hands could be deeply buried in the jam of corruption.
Secondly, in legal parlance, the term "material evidence" is used rather than "visual evidence." Accounting records will have material evidence of deviation from accepted standards.
Thanks,
Dinesh Divekar
From India, Bangalore
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If the senior management observes some discrepancy or non-compliance, then they are free to order a domestic inquiry. A domestic inquiry is not just restricted to the non-managerial cadre. The purpose of the inquiry is to find out the facts. It does not have the power to award punishment. Therefore, your concern about the manager's objection to the domestic inquiry is misplaced.
Mistakes can happen inadvertently. But then, why did that manager write a derogatory email about senior management? If his hands were clean, he could have clarified his position. The manager did not bother to continue his employment but abandoned his duties. What does this show? He is running away because his hands could be deeply buried in the jam of corruption.
Secondly, in legal parlance, the term "material evidence" is used rather than "visual evidence." Accounting records will have material evidence of deviation from accepted standards.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Meenakshi,
Before conducting a Domestic Enquiry, please first review the standing orders of your company. Create points according to your standing order, as without that, you will not be able to effectively challenge it.
Thanks & Regards,
Dinesh Kundu
From India, Calcutta
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Before conducting a Domestic Enquiry, please first review the standing orders of your company. Create points according to your standing order, as without that, you will not be able to effectively challenge it.
Thanks & Regards,
Dinesh Kundu
From India, Calcutta
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Dear Dinesh Divekar,
I appreciate your concern about the domestic inquiry. Since the misconduct occurred, we all should follow the "principle of natural justice"; hence, we should give sufficient opportunity to defend his misconduct. Meanwhile, we can collect the required "Material Evidence" to support the disciplinary action.
Dinesh, my goal is not to protect the person but to protect the management from the speed of the disciplinary action procedure.
From India, Mumbai
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I appreciate your concern about the domestic inquiry. Since the misconduct occurred, we all should follow the "principle of natural justice"; hence, we should give sufficient opportunity to defend his misconduct. Meanwhile, we can collect the required "Material Evidence" to support the disciplinary action.
Dinesh, my goal is not to protect the person but to protect the management from the speed of the disciplinary action procedure.
From India, Mumbai
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Check List ofr Disciplinary Proceedings Domestic Enquiry.docx
DOMISTIC ENQUIRY IN DISCIPLINARY ACTION -TELUGU.pdf