Disciplinary Action - Action Employee [Thread 450674]

Dear All,

An employee was caught by a security guard while attempting to steal goods from the industry. When questioned by the HRM head, the worker admitted his mistake and provided a written confession. Now, the worker is expecting an apology from the HRM head.

Should the worker be terminated, or should any other action be taken against him? Please provide suggestions for disciplinary actions to be taken against the worker.

Regards,
Sagar

Dear Mr. Sagar,

Termination is not the solution. In my view, you should call his family and discuss the matter with them in front of him. Don't terminate him; make him feel sorry in front of his family as well as HR that he was doing wrong. Then ask him, "Why should we not terminate you?"

Dear Sagar,

In your case, even though the worker has accepted the apology in writing, you cannot directly terminate him. That would present a weak case in court from the employer's side. The worker may change his mind in court and claim that the employer obtained the written statement forcefully. Therefore, always bear in mind that any termination of a worker must be supported by a proper inquiry. Ensure that the documents are clear enough for the court to see that all necessary procedures were followed before termination.

If you intend to terminate him, my suggestion is to conduct a proper inquiry by an officer appointed by you. Ensure thorough documentation before proceeding with termination.

If you wish to retain him, conduct at least a departmental inquiry and issue a warning letter. However, ensure proper documentation in the departmental inquiry as well and keep it in his personal file for future reference.

Arun J.

Same thing has happened with me. Now those people are also in the same situation. In fact, they have gone beyond the limitations in committing fraudulent activities.

Hello Meena,

Still, you can take the action and terminate them. But not right now because if the fraud has taken place a few weeks/months ago, taking action so late may put you in a problem. The court will definitely ask why late action has been taken. The worker may challenge in court that management is doing it intentionally.

Now, do one thing. Next time when you catch them, immediately suspend them pending enquiry. Have a proper enquiry by your enquiry officer, add previous documents like warnings/statements of security guards/their apologies, etc. Make a complete bunch and then terminate them.

The court will see that in the previous fraud, you gave them a chance to improve but they still did not. This means the court will feel that you have followed the natural justice act in this case. Your case will become stronger in court even if they challenge the termination, and your supporting documents will help you.

Arun J.

I know how to terminate those people.

I know how to terminate those people.

I know how to terminate those people.

I know how to terminate those people.

I have corrected the spelling, grammar, and punctuation errors in the user's input and ensured proper paragraph formatting.

Your sentences represent the present tense. I had no idea that those were past sentences; otherwise, I might not have replied to that. Anyway, if you are an expert in your area, it's good.

Arun J.

Hi,

Hitting the head is not the solution to every problem. Behind every action, there is a reason. Only when you know the correct decision, the action will be appropriate, and the result will be good.

The person who took this action in the company surely knows the result as well. So, if he made a mistake due to a genuine problem, HRM should consider that and give him another chance along with an apology letter. However, if he is habitual in making such mistakes, strict action should be taken.

Kasim Ansari

Discipline in an industry is a must, and unless this is ensured, development and growth of the industry will have a direct impact. Legally speaking, though the aggrieved employee has accepted the guilt, punishment needs to be imposed subject to holding a proper and fair domestic enquiry and findings of the enquiry officer. Further technically, a charge sheet should be framed based on the written complaint from the security guard who was instrumental in detecting the theft, not merely on the admission by the aggrieved employee because it could be likely that the said employee, during the enquiry proceedings, might go for a defense, saying under stress, a written undertaking was taken by the management, and the decision in the court of law if taken up might go in favor of the employee.

Once the charge is established, action needs to be taken based on the punishment guidelines applicable to that industry as per the nature of misconducts. If the employee, after his written or verbal apology, is excused, then it will affect the discipline of the industry, and other coworkers might continue to indulge in these sorts of misconducts as well.

Regards,

B.K. Mohanty

Director

Cypress Management Associates

9937822563