A workman was found drunk while working on a machine on 27th July. The shift supervisor sent him out of the factory. The workman did not return after that until today (absent for the last 28 days). How should action be taken against such a person? Under which rules should he be served a chargesheet or show cause notice? Please guide.
Bhanwar Lal Jat
From India, Mumbai
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Bhanwar Lal Jat
From India, Mumbai
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Instant dismissal. The potential ramifications of operating a machine while intoxicated don't bear thinking about. Reason for dismissal... Gross misconduct... Actions likely to endanger self, others, or damage plant. There are myriad, but get rid of him!
From United Kingdom, Glasgow
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9From United Kingdom, Glasgow
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Dear Mr. Bhanwar Lal Jat,
No doubt, this is a serious misconduct and very dangerous as well. Subsequently, if you are not taking any action against him, others will follow the same route. In my opinion, first of all, you have to receive a written complaint from his supervisor/department, and then you have to set up a domestic inquiry. If proven, then you should dismiss him; otherwise, he will be able to register a case against your company. Please take care while dealing with such types of issues. You can discuss this matter with your bosses as well.
From India, Gurgaon
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No doubt, this is a serious misconduct and very dangerous as well. Subsequently, if you are not taking any action against him, others will follow the same route. In my opinion, first of all, you have to receive a written complaint from his supervisor/department, and then you have to set up a domestic inquiry. If proven, then you should dismiss him; otherwise, he will be able to register a case against your company. Please take care while dealing with such types of issues. You can discuss this matter with your bosses as well.
From India, Gurgaon
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Since the incident which led to his non-reporting took place some 28 days ago, and as you did not take any action except sending him out upon finding him drunk on the day, you cannot initiate charges against him for being drunk. However, you can proceed with issuing a charge sheet and conducting a domestic enquiry for his non-reporting. In such cases, it is often found that he will respond to your notice by stating that he was sent out of the machine shop without any reason and he may also claim that he was insulted (and even manhandled) in front of other workers (for which he can easily garner support). Unless you have proof to demonstrate that he was drunk after being examined by your medical officer (or an outside medical officer), you cannot level charges against him. Similarly, if you did not take witness statements regarding the situation that led to his removal, you cannot charge him as being drunk.
Since he is absent without intimation, this shall be considered a valid reason for his removal from service. Therefore, I personally believe that it is better to bring charges accordingly. Matters related to drinking, etc., will arise during the enquiry and may even support your case.
Regards,
Madhu. T. K
From India, Kannur
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Since he is absent without intimation, this shall be considered a valid reason for his removal from service. Therefore, I personally believe that it is better to bring charges accordingly. Matters related to drinking, etc., will arise during the enquiry and may even support your case.
Regards,
Madhu. T. K
From India, Kannur
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Hello. I agree with the above said comments. Also, you can send an absenteeism notice to them. After three notices, you have to send a show cause notice to them. You have to strengthen your grounds for further action if there is any industrial dispute arising. Thanks
From India, Delhi
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From India, Delhi
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc