Disciplinary Action - Action Employee [Thread 450674]

Dear All,
A employee was caught by security guard while taking away the goods from industry.
When asked by the HRM head the worker accepted his mistake and had given it in writing.
Now the worker is expecting an apology from the HRM head.
Should the worker be terminated or any other action should be taken against him.
Please give the suggestions for taking the desciplinary actions 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 and then ask him why should not we terminate you?

Dear Sagar,
1) Inyour case even though the worker has accepted the apology in writing you cannot directly terminate him. that will become poor case in the court from employer side.
2) the worker may change his mind in the court and say that employer has taken the written statement forcebly.
so always keep in mind any termination of a workmen must be suppoprted with proper enquiry. You should make the documents so clear that court must feel that all the necessary proceidure has been followed before terminating.
Now, if you want to terminate him my suggestion is have the proper enquiry by enquiry officer appointed by you. make the proper documentation then only terminate.
If you want to keep him then have atleast departmental enquiry and give him warning letter. but please make proper documentation in departmental enquiry also & keep it with his personal file for future reference.
Arun J.

same thing has happened with me , now those people are also on the same situation infact they have gone beyound the limitation in committing fraud work

Hello Meena
Still you can take the action & terminate them. But not right now because, if the fraud has taken place before few weeks/Months, then taking action so late may put you in problem. Court will definately ask why late action has been taken? The worker may challenge in the court that management is doing it intentionally.
Now do one thing. next time when you caught them immediately suspend them under pending enquiry. have proper enquiry by your enquiry officer add previous documents like warning/statements of security guard/their apologies etc. make a complete bunch and then terminate them.
Court will see that in previous fraud you have given them chance to improve but still they are not improved. Means court will feel that you have followed natural justice act here in this case. and your case will become more strong in the court even when he challenge the termination in the court. & 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

ok no issue
ok no issue
ok no issue
ok no issue
ok no issue
ok no issue
ok no issue
ok no issue
Arun J.

your sentences represents present tense. I had no idea that those are past sentences otherwise I may not have given reply on that.
anyway if your expertise in your area its good.
Arun J

Hi,
Hit the head is not the solution of each problem.
Every action there is a reason behind. When you know the correct decision then only - action will be appropriate and result will be good.
The person who took this action in the company, sure know the result also so if he did this mistake because of some genuine problem then HRM should consider that and give him the chance again along with apology letter but if he is habitual about then strict action should take.
Kasim ansari

Discipline in an Industry is a must and unless this is ensured, development and growth of the Industry will have direct impact.Legally speaking,though the aggrieved employee has accepted the guilt,punishment needs to be imposed subject to holding of proper and fair domestic enquiry and findings of the enquiry officer.Further technically a chargesheet should be framed basing on the written complain from the security guard who was instrumental in detecting the the theft & not merely on the admission by the aggrieved employee because it could be likely that the said employee during enquiry proceedings might go for defence 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.

The charge once established , action needs to be taken basing 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 on the discipline of the Industry and other co workers might continue to indulge in these sort of misconducts as well.

regards

bk mohanty

Director

Cypress Management Associates

9937822563