Hi
First you sent him immediately a mail / official notice stating that "your leave application and resignation kept in abeyance till we complete the ongoing investigations.
Then start investigations with the help of labour law practitioner or settle with the employee after sometime.
Regards - V
From India
First you sent him immediately a mail / official notice stating that "your leave application and resignation kept in abeyance till we complete the ongoing investigations.
Then start investigations with the help of labour law practitioner or settle with the employee after sometime.
Regards - V
From India
Dear Koshish,
According to me you are being part of company management cannot ignore an incidence of theft. Now though our members advised you on the basis of viability of this case I think this is an issue related with discipline at work place, hence cannot be excused at any cost. If ignored may spoil company’s reputation & may create great monetary loss to organization. Please refer following points –
Cost of material (Though cost of the material is very less like Rs. 1000/- then after none of the employee having right to carry away the company’s property/material out of the company primises without prior permission of his superior), number of people involved in the issue
Help of contractor & his employees/representatives etc.
There are definitely 3 compartments in this case as mentioned by Raj Kumar. Then after I feel -
1. Leave – His leave to be sanctioned as he had submitted his leave application well in time. If you are not going to sanction his leave you have to give reason why leave has been refused? Also check whether he have enough leave balance in his account.
2. Theft: Even though this is incidence happened before a month better start checking of inter office communication of respective departments. Launch a Police complaint. Simultaneously hold his resignation or F & F. immediately issue a Charge – Sheet to the concern employee/workmen. Give him time of at least a week to reply/clarify his side. Find out appropriate provision in your Standing Orders if approved/Sanctioned through appropriate Authority.
3. Legal side: Today if you don’t follow these steps after accepting his F & F he may claim for Unfair Labour Practice before Labour Court or Conciliation officer under Industrial Dispute Act or Oral termination/victimization under the sections of said Act. Better go for Domestic/Departmental Enquiry through third party Enquiry Officer. Otherwise court may ask him to reinstate him in the employment & that time your company may fire you for not handling this sensitive issue properly. There is no excuse for theft if proved properly & if not it will definitely bounce back on organisation. Theft cannot be tolerated whatever may be the cost of material & court never excuse theft case if it is proved in enquiry as par Principle of Natural Justice.
4. Full & Final: According to best of my knowledge you should not settle his dues unless until you are not receiving report of Enquiry Officer. Better follow the right steps of domestic enquiry.
I have several model charge – sheet with me & I will definitely give some of them to you. Please call me my cell or send a test mail on
Nitin
91 98204 36383
From India, Mumbai
6According to me you are being part of company management cannot ignore an incidence of theft. Now though our members advised you on the basis of viability of this case I think this is an issue related with discipline at work place, hence cannot be excused at any cost. If ignored may spoil company’s reputation & may create great monetary loss to organization. Please refer following points –
Cost of material (Though cost of the material is very less like Rs. 1000/- then after none of the employee having right to carry away the company’s property/material out of the company primises without prior permission of his superior), number of people involved in the issue
Help of contractor & his employees/representatives etc.
There are definitely 3 compartments in this case as mentioned by Raj Kumar. Then after I feel -
1. Leave – His leave to be sanctioned as he had submitted his leave application well in time. If you are not going to sanction his leave you have to give reason why leave has been refused? Also check whether he have enough leave balance in his account.
2. Theft: Even though this is incidence happened before a month better start checking of inter office communication of respective departments. Launch a Police complaint. Simultaneously hold his resignation or F & F. immediately issue a Charge – Sheet to the concern employee/workmen. Give him time of at least a week to reply/clarify his side. Find out appropriate provision in your Standing Orders if approved/Sanctioned through appropriate Authority.
3. Legal side: Today if you don’t follow these steps after accepting his F & F he may claim for Unfair Labour Practice before Labour Court or Conciliation officer under Industrial Dispute Act or Oral termination/victimization under the sections of said Act. Better go for Domestic/Departmental Enquiry through third party Enquiry Officer. Otherwise court may ask him to reinstate him in the employment & that time your company may fire you for not handling this sensitive issue properly. There is no excuse for theft if proved properly & if not it will definitely bounce back on organisation. Theft cannot be tolerated whatever may be the cost of material & court never excuse theft case if it is proved in enquiry as par Principle of Natural Justice.
4. Full & Final: According to best of my knowledge you should not settle his dues unless until you are not receiving report of Enquiry Officer. Better follow the right steps of domestic enquiry.
I have several model charge – sheet with me & I will definitely give some of them to you. Please call me my cell or send a test mail on
Nitin
91 98204 36383
From India, Mumbai
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