Hi All Gurus,
If someone is terminated from a company without a showcause notice due to some allegation against of him then is it legal or not? And can there be written that if you think the allegation is wrong then the termination can be reverted?? Please give your suggestions..
From India, Patna
If someone is terminated from a company without a showcause notice due to some allegation against of him then is it legal or not? And can there be written that if you think the allegation is wrong then the termination can be reverted?? Please give your suggestions..
From India, Patna
[QUOTE=kumaarvivek;1158629]Hi All Gurus,
If someone is terminated from a company without a showcause notice due to some allegation against of him then is it legal or not? And can there be written that if you think the allegation is wrong then the termination can be reverted?? Please give your suggestions..
Vivek Mishra
From India, Patna
If someone is terminated from a company without a showcause notice due to some allegation against of him then is it legal or not? And can there be written that if you think the allegation is wrong then the termination can be reverted?? Please give your suggestions..
Vivek Mishra
From India, Patna
The person if he is on management staff there will be a story behind termination.
It is advisable to get into details before taking an openion from different people. If it is workman category he/she can approach the labour authorities. In case of Managerial Staff, it is better stay away from people who do not think twice before beleiving allegations and terminating someone's employement. For your satisfaction you may prove the allegations are wrong without asking for employement. In case the management team realizes the wrong things I dont think they will confide. My personal view is that one should try to clarify still keeping away.
Generalist91
From India
2It is advisable to get into details before taking an openion from different people. If it is workman category he/she can approach the labour authorities. In case of Managerial Staff, it is better stay away from people who do not think twice before beleiving allegations and terminating someone's employement. For your satisfaction you may prove the allegations are wrong without asking for employement. In case the management team realizes the wrong things I dont think they will confide. My personal view is that one should try to clarify still keeping away.
Generalist91
From India
Dear Vivek,
Terminating someone without giving show cause notice and then revoking the termination order shows immaturity and recklessness. Ideally you should have conducted domestic enquiry. What stopped you from following the course of law?
From the legal point of view termination order be revoked and employee can continue to work in his/her present position.
From the organisation point of view, instances of this kind vitiates the organisation's climate. These impatient acts of management will breed distrust of the staff. You will not be able to retain the talent let alone attract it. Instead of engagement, it will foster disengagement and obviously it will have fall back on the productivity of the staff. More than legal, organisational implications are severe and your management may take a note of this.
DVD
From India, Bangalore
Terminating someone without giving show cause notice and then revoking the termination order shows immaturity and recklessness. Ideally you should have conducted domestic enquiry. What stopped you from following the course of law?
From the legal point of view termination order be revoked and employee can continue to work in his/her present position.
From the organisation point of view, instances of this kind vitiates the organisation's climate. These impatient acts of management will breed distrust of the staff. You will not be able to retain the talent let alone attract it. Instead of engagement, it will foster disengagement and obviously it will have fall back on the productivity of the staff. More than legal, organisational implications are severe and your management may take a note of this.
DVD
From India, Bangalore
Terminating without Show Cause notice can be done under some circumstances, that if the employee has done some heinous crime or misconduct then he can be terminated without Show Cause notice, if there is a clause in the Standing Orders of the Company which is applicable to him.
Second, the employee terminated can be taken back only if Board of Directors deem fit.
From India, Mumbai
Second, the employee terminated can be taken back only if Board of Directors deem fit.
From India, Mumbai
Dear Vicky,
There is no question of reverting the termination merely on the thinking of the terminated person, but if the termination has been made without any show cause notice, without giving adequate opportunity to defend himself by the employee and due consideration of reply of the employee to such termination, that would merely show the sickness of mind and non-professionalism on the part of the person who has issued such termination order without application of his mind.
However, if termination has been made erroneously merely on receipt of allegation without any investigation or consideration of clarification given by the employee, there is no harm in rectifying the mistake of the management by cancellation of the termination order.
MUST bear in mind that termination or dismissal from services is not a child's play. Due precautions and procedures are a must to be observed before resorting to such practice my the management. Otherwise that can cost very dearly to the management some times.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
There is no question of reverting the termination merely on the thinking of the terminated person, but if the termination has been made without any show cause notice, without giving adequate opportunity to defend himself by the employee and due consideration of reply of the employee to such termination, that would merely show the sickness of mind and non-professionalism on the part of the person who has issued such termination order without application of his mind.
However, if termination has been made erroneously merely on receipt of allegation without any investigation or consideration of clarification given by the employee, there is no harm in rectifying the mistake of the management by cancellation of the termination order.
MUST bear in mind that termination or dismissal from services is not a child's play. Due precautions and procedures are a must to be observed before resorting to such practice my the management. Otherwise that can cost very dearly to the management some times.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
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