Thank you. Now what can we do to make it legal. What about the fault of the concern staff, which could have taken the life of a patient. will the management will have to rejoin the concern staff? Please guide me in this regard.
From India, Ernakulam
From India, Ernakulam
Dear colleague,
You may do the following:
1. Withdraw the termination letter and ask the person to report for duty.
2 keep proper charge sheet cum suspension pending further action ready and issue it on the day of her reporting for duty. Give 48 hours to reply to the charge sheet. Mention that Subsistence Allowance during the pendency of enquiry will be paid as per law.
3 After 48/hours issue letter of enquiry giving place , date/time of the enquiry and the name of the enquiry officer.
4 Conduct legal and proper enquiry till its end by experienced and legally well trained person . Your Management Representative also has to be experienced and well versed in law.
4. After receipt of the Enquiry findings report issue show cause letter as to why her services should not be terminated.
5 Issue the letter of termination.
It is likely that the employee may not report for duty, may refuse to receive any communication , will not attend enquiry.
In this case, send all communication by registered a.d and conduct the enquiry ex- parte
What I have stated above is broad outline of the action plan and you have to take guidance from local labour lawyer at every stage and every unfolding sequence of events.
Regards,
Vinayak Nagarkar
HR- Consutant
From India, Mumbai
619You may do the following:
1. Withdraw the termination letter and ask the person to report for duty.
2 keep proper charge sheet cum suspension pending further action ready and issue it on the day of her reporting for duty. Give 48 hours to reply to the charge sheet. Mention that Subsistence Allowance during the pendency of enquiry will be paid as per law.
3 After 48/hours issue letter of enquiry giving place , date/time of the enquiry and the name of the enquiry officer.
4 Conduct legal and proper enquiry till its end by experienced and legally well trained person . Your Management Representative also has to be experienced and well versed in law.
4. After receipt of the Enquiry findings report issue show cause letter as to why her services should not be terminated.
5 Issue the letter of termination.
It is likely that the employee may not report for duty, may refuse to receive any communication , will not attend enquiry.
In this case, send all communication by registered a.d and conduct the enquiry ex- parte
What I have stated above is broad outline of the action plan and you have to take guidance from local labour lawyer at every stage and every unfolding sequence of events.
Regards,
Vinayak Nagarkar
HR- Consutant
From India, Mumbai
Dear Prasanth,
I have my own reservation about the alternative suggested by our learned member Mr.Vinayak Nagarkar. I am not able to accept that the orders of dismissal already given effect to can be withdrawn only to initiate fresh disciplinary proceedings according to law and then to terminate her again.
Your reply dated 15-02-2019 contradicts every thing you have already mentioned. It seems that you conducted a preliminary investigation and found her reply was contrary to the medical records. I have my own doubt in your competency to hold an investigation into a matter involving professional negligence and medical records. As her alleged negligence caused the death of a patient and another patient's condition highly critical you terminated her services orally and subsequently sent her the same with one month's notice pay by post.
If she agitates her termination as illegal, the tribunal will have to see whether the same is justifiable too. You can plead before the tribunal to conduct the inquiry before the tribunal and prove that your orders of termination was justifiable in the circumstances of the case.
From India, Salem
I have my own reservation about the alternative suggested by our learned member Mr.Vinayak Nagarkar. I am not able to accept that the orders of dismissal already given effect to can be withdrawn only to initiate fresh disciplinary proceedings according to law and then to terminate her again.
Your reply dated 15-02-2019 contradicts every thing you have already mentioned. It seems that you conducted a preliminary investigation and found her reply was contrary to the medical records. I have my own doubt in your competency to hold an investigation into a matter involving professional negligence and medical records. As her alleged negligence caused the death of a patient and another patient's condition highly critical you terminated her services orally and subsequently sent her the same with one month's notice pay by post.
If she agitates her termination as illegal, the tribunal will have to see whether the same is justifiable too. You can plead before the tribunal to conduct the inquiry before the tribunal and prove that your orders of termination was justifiable in the circumstances of the case.
From India, Salem
I concur with the views of Mr.Umakantan. Since the dismissal/termination order was served, then wait for the reaction of the employees.The employee would either accept it and move on or she might raise an industrial dispute before conciliation officer and if you don't agree for her reinstatement, it will go to Industrial tribunal before which you can make out your case by leading evidence against her.
B.Saikumar
HR & Labour Relations Adviser.
From India, Mumbai
B.Saikumar
HR & Labour Relations Adviser.
From India, Mumbai
Dear Umakantan Sir,
The Investigation was not only conducted by me but also by Nursing Superintendent of the Hospital. My investigation was based on the ground reality, statements form other staffs and records. Where as Nursing Superintendent investigation was on the bases of Medical facts and patient medical history and records.
From India, Ernakulam
The Investigation was not only conducted by me but also by Nursing Superintendent of the Hospital. My investigation was based on the ground reality, statements form other staffs and records. Where as Nursing Superintendent investigation was on the bases of Medical facts and patient medical history and records.
From India, Ernakulam
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