Greetings to all Seniors,
I am working with a wellknown construction group as a Sr. Officer HR. I would like to seek your help in a court case we are dealing regarding employee termination having following history.
The employee who is been terminated was working with us as a Sr. Manager Finance for our Pune region. He joined us in 2008 and we found him suitable so his services were confirmed, during his services we also located that he had some behavioural issues like being too much rude with subordinates and juniors, not following some of the admin rules as required. After 1 year his behavioural aspects were seems to be a great headache for COO of Pune office. The Employee had been instructed to change his behaviour with others. After giving him warnings and counselings somehow, we found some positive changes with him but it was not for long period. Same thing was happening again and again. Our COO decided to take this to HR GM, and he was been asked to hand over the counseling letter to the employee addressing to change his behaviour or he would be terminated from his services. The same employee denied to receive the same and also behaved rudely with COO.
After this misconduct incident, the case was gone to top management, and it is been decided to terminate the employee, with immediate effect, and on the same lines a termination letter was issued to the employee for his misbehaviour and miconduct. However, the employee got on his knees and begged to not disclose the reasons of terminations in letter for his secure career his request is been considered on humanity grounds and the termination letter was issued accordingly, company also paid him one months due salary for his working period with other allowance like bonus and leave pays...
After one month, the same employee charged a case against company that , he is been terminated without giving any prior notice and he should been paid for three months notice pay.
Actually, as per the written contract i.e. an appointment letter issued to each employee, it is clearly mentioned that, in case of misconduct or misbehviour the employee will be terminated without any notice pay.
Although considering his financial problems and need of money company paid him one month salary.
Our CMD is been instructed to us, that we will pay him 3 month salary just to keep good will of a company and to avoid the unnecessary chapters of cour tcase being included in company history.
But my COO, dont want to do this, he wanted to fight for it, as he know he is very right at his stand and my GM HR is also associating him for same reason and as do I....because I have eye-witnessed the incidents.
Hence, I want you all experts to help with the suggestions from both aspects....
Thank you ...
Regards,
Chitralekha
SR HR ADM Officer
Nirmal Lifestyle
I am working with a wellknown construction group as a Sr. Officer HR. I would like to seek your help in a court case we are dealing regarding employee termination having following history.
The employee who is been terminated was working with us as a Sr. Manager Finance for our Pune region. He joined us in 2008 and we found him suitable so his services were confirmed, during his services we also located that he had some behavioural issues like being too much rude with subordinates and juniors, not following some of the admin rules as required. After 1 year his behavioural aspects were seems to be a great headache for COO of Pune office. The Employee had been instructed to change his behaviour with others. After giving him warnings and counselings somehow, we found some positive changes with him but it was not for long period. Same thing was happening again and again. Our COO decided to take this to HR GM, and he was been asked to hand over the counseling letter to the employee addressing to change his behaviour or he would be terminated from his services. The same employee denied to receive the same and also behaved rudely with COO.
After this misconduct incident, the case was gone to top management, and it is been decided to terminate the employee, with immediate effect, and on the same lines a termination letter was issued to the employee for his misbehaviour and miconduct. However, the employee got on his knees and begged to not disclose the reasons of terminations in letter for his secure career his request is been considered on humanity grounds and the termination letter was issued accordingly, company also paid him one months due salary for his working period with other allowance like bonus and leave pays...
After one month, the same employee charged a case against company that , he is been terminated without giving any prior notice and he should been paid for three months notice pay.
Actually, as per the written contract i.e. an appointment letter issued to each employee, it is clearly mentioned that, in case of misconduct or misbehviour the employee will be terminated without any notice pay.
Although considering his financial problems and need of money company paid him one month salary.
Our CMD is been instructed to us, that we will pay him 3 month salary just to keep good will of a company and to avoid the unnecessary chapters of cour tcase being included in company history.
But my COO, dont want to do this, he wanted to fight for it, as he know he is very right at his stand and my GM HR is also associating him for same reason and as do I....because I have eye-witnessed the incidents.
Hence, I want you all experts to help with the suggestions from both aspects....
Thank you ...
Regards,
Chitralekha
SR HR ADM Officer
Nirmal Lifestyle