Dear Rashmi,
If the date of receipt of the change of address is before the date of issue of Notice of Enquirythen the Company has committed a mistake by not sending the letter to the new address.
If the date of receipt of the change of address is after the date of issue of termination notice then the Company has not done anything illegal by not sending the notice to the change address.
Now, if the date of receipt is in between then it can only be decided on case to case basis by Labour Court/Industrial Tribunals. The same is applicable in the second case also. It is to be decided on grounds of whether the termination was bonafide and done without any malicious intent.
We should remember two things:
1) What is the problem the Company is facing in not going for a re-enquiry?
2) Is there any confession by the employee in front of the Disciplinary Authority that has resulted in the decision?
If you can satisfy the two then the Company is in a strong ground regarding the legality of the change.
Regards,
SC
From India, Thane
45If the date of receipt of the change of address is before the date of issue of Notice of Enquirythen the Company has committed a mistake by not sending the letter to the new address.
If the date of receipt of the change of address is after the date of issue of termination notice then the Company has not done anything illegal by not sending the notice to the change address.
Now, if the date of receipt is in between then it can only be decided on case to case basis by Labour Court/Industrial Tribunals. The same is applicable in the second case also. It is to be decided on grounds of whether the termination was bonafide and done without any malicious intent.
We should remember two things:
1) What is the problem the Company is facing in not going for a re-enquiry?
2) Is there any confession by the employee in front of the Disciplinary Authority that has resulted in the decision?
If you can satisfy the two then the Company is in a strong ground regarding the legality of the change.
Regards,
SC
From India, Thane
Respected sir,
my boss is under a bit of fear.
the notice has not been issued and the procedings copies are not yet given to the employee nor the termination letter is given allthough it is over five months.the employee is now going for a defomation case and labour concilation as per info from vigilence dept
please clarify
thanks and due regards
rashmi
From India, Bangalore
my boss is under a bit of fear.
the notice has not been issued and the procedings copies are not yet given to the employee nor the termination letter is given allthough it is over five months.the employee is now going for a defomation case and labour concilation as per info from vigilence dept
please clarify
thanks and due regards
rashmi
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee Appraisal Form new.doc