Dear All,
Greetings!
My wishes for Diwali.
I need urgent help.
In my company today, i.e., on 18/10/2009, one of the employees was beaten by all the other staff. I am not aware of the reasons. I have taken their written statements. Still, an inquiry has to take place. I have also taken the written statement of a witness. Now, in this situation, can I suspend these people directly, or do we have to give a warning letter only? Please help me in preparing both the warning and suspension letters, keeping in mind all legal obligations.
For your help, the employee belongs to the F & B department and was beaten by kitchen associates.
Regards,
Ranjeet
From India, New Delhi
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12Greetings!
My wishes for Diwali.
I need urgent help.
In my company today, i.e., on 18/10/2009, one of the employees was beaten by all the other staff. I am not aware of the reasons. I have taken their written statements. Still, an inquiry has to take place. I have also taken the written statement of a witness. Now, in this situation, can I suspend these people directly, or do we have to give a warning letter only? Please help me in preparing both the warning and suspension letters, keeping in mind all legal obligations.
For your help, the employee belongs to the F & B department and was beaten by kitchen associates.
Regards,
Ranjeet
From India, New Delhi
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Hi,
First of all, you need to find out the reason why those people beat him. If the whole staff was involved, it means he did something dangerous. Let's talk to all employees and also speak with him, okay? Let's wait for the report.
Thanks.
Regards,
Priyatosh HR
From India, Delhi
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First of all, you need to find out the reason why those people beat him. If the whole staff was involved, it means he did something dangerous. Let's talk to all employees and also speak with him, okay? Let's wait for the report.
Thanks.
Regards,
Priyatosh HR
From India, Delhi
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Dear Ranjit,
Manhandling is a serious misconduct for which you can suspend the accused employees without holding an inquiry. And you must be knowing that suspension is not a punishment. Punishment will come only after the inquiry. Therefore, there is nothing wrong in suspending the employees involved in the incident.
But before doing so, you have to ensure one more thing, i.e., the operational issue which may arise due to the suspension of employees. Once an employee is suspended, they will not be allowed to work until the whole process of the inquiry is over. Since your season has started and the employees belong to the same department, Food and Beverage Production (or Service) department, there may arise some operational issues when there is a shortage of staff. In such circumstances, HR has to be more diplomatic. You should meet the concerned department head and get their opinion as well. If they suggest taking action without considering operational issues, then you can proceed with the suspension and inquiry. This suspension shall be a suspension pending inquiry. On the other hand, if suspension will create operational damages, then without suspending, you can hold a usual course of inquiry.
If you go for suspension, you need to issue suspension letters individually stating:
"It has been reported that you have manhandled Shri...... while on duty and at the workplace in the presence of Shr...... (names of witnesses).
You must be aware that manhandling is an offense as per order/clause.... of our certified Standing Orders for which your services shall be terminated. However, the management is not taking the extreme step of termination of service but is constrained to suspend you forthwith pending a domestic inquiry.
During the period of suspension, you will not be allowed to enter the premises of the establishment. You will be eligible for a subsistence allowance as per order/clause.... of the Certified Standing Orders of this company.
You are also directed to furnish the communication address to which further communications in this regard shall be sent. If you fail to furnish the address, the communication address as per the records of the company shall be deemed your address for communication.
The charge sheet will follow."
Please make any changes as per your requirements.
Regards,
Madhu.T.K
From India, Kannur
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Manhandling is a serious misconduct for which you can suspend the accused employees without holding an inquiry. And you must be knowing that suspension is not a punishment. Punishment will come only after the inquiry. Therefore, there is nothing wrong in suspending the employees involved in the incident.
But before doing so, you have to ensure one more thing, i.e., the operational issue which may arise due to the suspension of employees. Once an employee is suspended, they will not be allowed to work until the whole process of the inquiry is over. Since your season has started and the employees belong to the same department, Food and Beverage Production (or Service) department, there may arise some operational issues when there is a shortage of staff. In such circumstances, HR has to be more diplomatic. You should meet the concerned department head and get their opinion as well. If they suggest taking action without considering operational issues, then you can proceed with the suspension and inquiry. This suspension shall be a suspension pending inquiry. On the other hand, if suspension will create operational damages, then without suspending, you can hold a usual course of inquiry.
If you go for suspension, you need to issue suspension letters individually stating:
"It has been reported that you have manhandled Shri...... while on duty and at the workplace in the presence of Shr...... (names of witnesses).
You must be aware that manhandling is an offense as per order/clause.... of our certified Standing Orders for which your services shall be terminated. However, the management is not taking the extreme step of termination of service but is constrained to suspend you forthwith pending a domestic inquiry.
During the period of suspension, you will not be allowed to enter the premises of the establishment. You will be eligible for a subsistence allowance as per order/clause.... of the Certified Standing Orders of this company.
You are also directed to furnish the communication address to which further communications in this regard shall be sent. If you fail to furnish the address, the communication address as per the records of the company shall be deemed your address for communication.
The charge sheet will follow."
Please make any changes as per your requirements.
Regards,
Madhu.T.K
From India, Kannur
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Dear Mr. Ranjeet,
I am a little surprised to read your post. You have taken the statements from the kitchen employees who had beaten the F&B employee and still you don't know the reason for the beating. You have also taken the statements of the witnesses. Then what is the purpose of conducting a preliminary enquiry? You have to be serious. The action amounts to a criminal offense under IPC and misconduct under standing orders.
For taking legal action, please follow the above advice given by Mr. T.K. Madhu.
From India, Madras
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I am a little surprised to read your post. You have taken the statements from the kitchen employees who had beaten the F&B employee and still you don't know the reason for the beating. You have also taken the statements of the witnesses. Then what is the purpose of conducting a preliminary enquiry? You have to be serious. The action amounts to a criminal offense under IPC and misconduct under standing orders.
For taking legal action, please follow the above advice given by Mr. T.K. Madhu.
From India, Madras
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Dear Mr. Kutty,
I am not aware of the reason for the initiation of the fight. Maybe it was past grudges among those guys.
What I come to know is that there is some misunderstanding over the trolley being put up in the kitchen.
The condition became worse, and four kitchen guys had beaten the service staff.
I want to clarify certain points:
1- The victim, Khurseed, when he was beaten, other service staff members were also present, and they have all given their written statements about the incident and the accused.
2- The kitchen staff involved in the incident have all given the same statement that Khurseed had manhandled their colleagues, though there was no witness to the same.
3- I have an independent person's written statement who saw that four people had beaten Khursheed.
I have no clue who initiated the fight.
Well, in the light of all the witnesses and reports, what I can deduce is that even if abusive language was used by Khurseed, the law does not permit such mishandling.
My question is whether we can take some steps against Khurseed, as he was involved as well. Though he was the initial victim and except for the accused statement, there is no other statement against him.
Another significant point is the doctor's report prepared after a medical examination in a reputed hospital, confirming the injury. The doctor also performed a CT scan and all necessary examinations, highlighting the severity of the situation.
I hope the case is now clearer to all the members.
Madhu Sir! Thank you for the letter. I would appreciate your views on this case.
Regards,
Ranjeet
From India, New Delhi
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I am not aware of the reason for the initiation of the fight. Maybe it was past grudges among those guys.
What I come to know is that there is some misunderstanding over the trolley being put up in the kitchen.
The condition became worse, and four kitchen guys had beaten the service staff.
I want to clarify certain points:
1- The victim, Khurseed, when he was beaten, other service staff members were also present, and they have all given their written statements about the incident and the accused.
2- The kitchen staff involved in the incident have all given the same statement that Khurseed had manhandled their colleagues, though there was no witness to the same.
3- I have an independent person's written statement who saw that four people had beaten Khursheed.
I have no clue who initiated the fight.
Well, in the light of all the witnesses and reports, what I can deduce is that even if abusive language was used by Khurseed, the law does not permit such mishandling.
My question is whether we can take some steps against Khurseed, as he was involved as well. Though he was the initial victim and except for the accused statement, there is no other statement against him.
Another significant point is the doctor's report prepared after a medical examination in a reputed hospital, confirming the injury. The doctor also performed a CT scan and all necessary examinations, highlighting the severity of the situation.
I hope the case is now clearer to all the members.
Madhu Sir! Thank you for the letter. I would appreciate your views on this case.
Regards,
Ranjeet
From India, New Delhi
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Dear Friends,
Physical assault of an employee by co-employees at workplace is a very serious matter and should be so addressed.
Mr. TK Madhu has put you on the right track. However, it would not be prudent to mention in the Charge Sheet that "your services should be terminated". This implies that the management had already made up its mind to....
I will suggest the following action:
Step One
-----------
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Sub: Charge Sheet
Mr. Ram Lakhan,
It has been reported that while you were on duty in the Kitchen ( pl. name the Section/Department) on 26th August 2009,(mention the correct date) at about 3.30 p.m.(mention the correct Time), you along with some other employees, namely ( name all of them), without any reason or provocation, suddenly assaulted Mr………..and thoroughly beat him up in the presence of ……..(name the witnesses) inflicting upon him injuries in the face, head and other parts of his body ( name the areas where injuries were found, if any).
You even threatened him with dire consequences and harm to his life.
The other workers and Staff members present there at that time came to the rescue of the Mr………… and with difficulty managed to save him from further beating and physical assault
Such violent behaviour on your part in physically assaulting your co-employee and then abusing him and threatening him with harm to his life amounts to acts of Gross Misconduct as per Clause 10(a) of the Company’s Standing Orders which read as under:
(Mention the exact clause as written in the Standing Orders)
You are therefore hereby called upon to explain in writing within 48 hours of receiving the Letter of Charges as to why appropriate disciplinary action should not be taken against you for your above mentioned acts of gross misconduct.
Should you fail to submit your written explanation within the above stipulated time, it will be inferred that you admit the charges leveled against you and that you do not have any explanation to offer in your defence.
In such eventuality, the management will be at liberty to take necessary disciplinary action against you, as it deems proper, under the circumstances.
However, since the Charges levelled against you are extremely serious in nature and since your presence in the establishment premises are detrimental to the overall discipline of the establishment, it is deemed expedient to suspend you from your duties with immediate effect.
During the period of your suspension, you will not be allowed to enter the establishment premises. However, you shall be entitled to receive subsistence allowance as per provisions of applicable law, during the period of your suspension, from the date of your suspension.
You are also hereby advised to report at the Security Room/Gate, at 10 am daily. (this is optional and at the discretion of the management)
For ABC Co.
Authorized Signatory
( Separate Charge Sheet & Suspension Letters will have to be issued to each of the employees responsible for the cats of violence and physical assault)
Very Important Steps to be taken:
Step Two
------------
Once you receive the written explanation of the workers:
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Mr. Ram Lakhan,
You written explanation dated…………in response to the Charge Sheet dated……..issued to you, has been received on……….
The explanation offered by has been carefully considered by the management and it finds your reply unsatisfactory.
It has therefore been decided been decided to institute a Domestic Enquiry to investigate into the Charges leveled against you vide Charge Sheet dated…….and to grant to full and fair opportunity to defend yourself against the same.
Mr.Ram lal Ahuja, of the Legal Section of the Company has been appointed as the Enquiry Offer to conduct the Domestic Enquiry. He will communicate with you directly and inform you about the date, time and venue of the Enquiry.
For ABC Co.
Authorised Signatory
Step Three
-------------
Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting him to inform the Charge Sheeted worker about the date, time and venue of the enquiry. Send him a copy of the Charge Sheet along with the letter as an annexure.
Step Four
------------
The EO will then issue a letter to the workman giving details about the date, time and venue where he will conduct the Enquiry.
Both these letters will be worded very carefully to make the management’s case strong.
Then the Domestic Enquiry will start.
Please remember if any action is taken by the Police and a Criminal case is registered against the concerned employees, this action will be independent of the action taken by the management.
Step Two
------------
Once you receive the written explanation of the workers:
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Mr. Ram Lakhan,
You written explanation dated…………in response to the Charge Sheet dated……..issued to you, has been received on……….
The explanation offered by has been carefully considered by the management and it finds your reply unsatisfactory.
It has therefore been decided been decided to institute a Domestic Enquiry to investigate into the Charges leveled against you vide Charge Sheet dated…….and to grant to full and fair opportunity to defend yourself against the same.
Mr.Ram lal Ahuja, of the Legal Section of the Company has been appointed as the Enquiry Offer to conduct the Domestic Enquiry. He will communicate with you directly and inform you about the date, time and venue of the Enquiry.
For ABC Co.
Authorised Signatory
Step Three
-------------
Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting him to inform the Charge Sheeted worker about the date, time and venue of the enquiry. Send him a copy of the Charge Sheet along with the letter as an annexure.
Step Four
------------
The EO will then issue a letter to the workman giving details about the date, time and venue where he will conduct the Enquiry.
Both these letters will be worded very carefully to make the management’s case strong.
Then the Domestic Enquiry will start.
Please remember if any action is taken by the Police and a Criminal case is registered against the concerned employees, this action will be independent of the action taken by the management.
-----------------------------------------------------------------------------------
Please feel free to contact the undersigned for any advice in the matter.
Vasant Nair
HR Advisor
09717726667
From India, Mumbai
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Physical assault of an employee by co-employees at workplace is a very serious matter and should be so addressed.
Mr. TK Madhu has put you on the right track. However, it would not be prudent to mention in the Charge Sheet that "your services should be terminated". This implies that the management had already made up its mind to....
I will suggest the following action:
Step One
-----------
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Sub: Charge Sheet
Mr. Ram Lakhan,
It has been reported that while you were on duty in the Kitchen ( pl. name the Section/Department) on 26th August 2009,(mention the correct date) at about 3.30 p.m.(mention the correct Time), you along with some other employees, namely ( name all of them), without any reason or provocation, suddenly assaulted Mr………..and thoroughly beat him up in the presence of ……..(name the witnesses) inflicting upon him injuries in the face, head and other parts of his body ( name the areas where injuries were found, if any).
You even threatened him with dire consequences and harm to his life.
The other workers and Staff members present there at that time came to the rescue of the Mr………… and with difficulty managed to save him from further beating and physical assault
Such violent behaviour on your part in physically assaulting your co-employee and then abusing him and threatening him with harm to his life amounts to acts of Gross Misconduct as per Clause 10(a) of the Company’s Standing Orders which read as under:
(Mention the exact clause as written in the Standing Orders)
You are therefore hereby called upon to explain in writing within 48 hours of receiving the Letter of Charges as to why appropriate disciplinary action should not be taken against you for your above mentioned acts of gross misconduct.
Should you fail to submit your written explanation within the above stipulated time, it will be inferred that you admit the charges leveled against you and that you do not have any explanation to offer in your defence.
In such eventuality, the management will be at liberty to take necessary disciplinary action against you, as it deems proper, under the circumstances.
However, since the Charges levelled against you are extremely serious in nature and since your presence in the establishment premises are detrimental to the overall discipline of the establishment, it is deemed expedient to suspend you from your duties with immediate effect.
During the period of your suspension, you will not be allowed to enter the establishment premises. However, you shall be entitled to receive subsistence allowance as per provisions of applicable law, during the period of your suspension, from the date of your suspension.
You are also hereby advised to report at the Security Room/Gate, at 10 am daily. (this is optional and at the discretion of the management)
For ABC Co.
Authorized Signatory
( Separate Charge Sheet & Suspension Letters will have to be issued to each of the employees responsible for the cats of violence and physical assault)
Very Important Steps to be taken:
- Without wasting a moment take written statements about the incident from:
- The employees who were witness to the incident. Add names of the witnesses in the Charge Sheet ONLY if you are sure that they will come and depose before the Enquiry Officer.
- Security Guard and S.O. ( If they were involved)
- Get a Medical certificate from a Doctor, if the employee was taken to a Dr. and if there were any injuries on him.
- Since such acts of physical assault is a Criminal Act, you may lode an FIR with the concerned Police Station against those involved.
- The written statements will be important documents which will be used to establish the Charges leveled against the Charge Sheeted worker.
- Date, Time, Place, language used by the workers when he threatened the Supervisor etc…should be clearly mentioned in the written reports.
- All reports should be separately written and signed by each worker, Staff who were witness to the incident.
- All this should happen NOW. Tomorrow will be late. Afterthoughts and change of mind etc…are bound to happen.
Step Two
------------
Once you receive the written explanation of the workers:
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Mr. Ram Lakhan,
You written explanation dated…………in response to the Charge Sheet dated……..issued to you, has been received on……….
The explanation offered by has been carefully considered by the management and it finds your reply unsatisfactory.
It has therefore been decided been decided to institute a Domestic Enquiry to investigate into the Charges leveled against you vide Charge Sheet dated…….and to grant to full and fair opportunity to defend yourself against the same.
Mr.Ram lal Ahuja, of the Legal Section of the Company has been appointed as the Enquiry Offer to conduct the Domestic Enquiry. He will communicate with you directly and inform you about the date, time and venue of the Enquiry.
For ABC Co.
Authorised Signatory
Step Three
-------------
Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting him to inform the Charge Sheeted worker about the date, time and venue of the enquiry. Send him a copy of the Charge Sheet along with the letter as an annexure.
Step Four
------------
The EO will then issue a letter to the workman giving details about the date, time and venue where he will conduct the Enquiry.
Both these letters will be worded very carefully to make the management’s case strong.
Then the Domestic Enquiry will start.
Please remember if any action is taken by the Police and a Criminal case is registered against the concerned employees, this action will be independent of the action taken by the management.
Step Two
------------
Once you receive the written explanation of the workers:
Date
Mr. Ram Kishan
S/o Shri. Ram Lakhan
Machinist
Machine Shop
Employee Code: 10906
Mr. Ram Lakhan,
You written explanation dated…………in response to the Charge Sheet dated……..issued to you, has been received on……….
The explanation offered by has been carefully considered by the management and it finds your reply unsatisfactory.
It has therefore been decided been decided to institute a Domestic Enquiry to investigate into the Charges leveled against you vide Charge Sheet dated…….and to grant to full and fair opportunity to defend yourself against the same.
Mr.Ram lal Ahuja, of the Legal Section of the Company has been appointed as the Enquiry Offer to conduct the Domestic Enquiry. He will communicate with you directly and inform you about the date, time and venue of the Enquiry.
For ABC Co.
Authorised Signatory
Step Three
-------------
Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting him to inform the Charge Sheeted worker about the date, time and venue of the enquiry. Send him a copy of the Charge Sheet along with the letter as an annexure.
Step Four
------------
The EO will then issue a letter to the workman giving details about the date, time and venue where he will conduct the Enquiry.
Both these letters will be worded very carefully to make the management’s case strong.
Then the Domestic Enquiry will start.
Please remember if any action is taken by the Police and a Criminal case is registered against the concerned employees, this action will be independent of the action taken by the management.
-----------------------------------------------------------------------------------
Please feel free to contact the undersigned for any advice in the matter.
Vasant Nair
HR Advisor
09717726667
From India, Mumbai
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Step two and Step Three have been duplicated. Regret this error. There was some goof-up in copying and pasting. I had prepared the original draft in a Word Document and then copied it.
Rest is fine.
Vasant Nair
From India, Mumbai
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Rest is fine.
Vasant Nair
From India, Mumbai
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Dear Mr. Ranjit,
Greetings.
Regarding your post concerning a few employees assaulting another employee from a different section, it is essential to determine whether your company/establishment has Standing Orders and Rules regarding Disciplinary Action for Acts of Misconduct. The mentioned act constitutes a serious/grave misconduct for which Management must promptly initiate disciplinary action without delay for any reason or pretext.
By conducting a preliminary inquiry, you have taken the first step. It is crucial to have the statement of the assaulted employee recorded and/or obtain a written complaint detailing the reason for the assault. The assaulted employee/complainant should undergo a medical examination for internal and external injuries, if any, immediately.
Based on the preliminary inquiry records, meticulously prepare Charge sheets/Explanation Letters (show cause notices) and ensure they are issued through the proper channel to all involved parties, including the assaulted employee, once signed by the Appointing Authority/Punishing Authority with the Office Seal. The Charge should include the date, time, place, and nature of the assault, along with the number of witnesses at this stage.
Following the issuance of the Charge sheets, immediately send Suspension-Pending-Inquiry Letters to the employees charged with assault, obtain their acknowledgment of receiving this second letter, instruct them to surrender their Works/Office Entry Permits, and request them to submit their Explanations at the Main Gate Security Office. Advise the Accounts Department to arrange for paying Subsistence Allowance on the next payday.
Upon receiving the Explanation Letters, the Authority must thoroughly review the explanations. If unsatisfied, an Office Order should be issued for a Domestic Inquiry. For this purpose, an Inquiry Officer should be appointed, and one of the Officers should be nominated as the Management Representative to present the Management Case. The Inquiry should be conducted promptly, and based on the findings, further action can be taken.
It is crucial to remember that ignoring or neglecting acts of gross indiscipline can lead to significant issues. Disciplinary actions are meant for correction, not punishment. The inquiry must be conducted fairly, justly, and reasonably.
Best regards,
Harsh K Sharan
91 9312 650756
hksharan@probusindia.com
1-10-2009, 4:15 p.m.
From India, Delhi
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Greetings.
Regarding your post concerning a few employees assaulting another employee from a different section, it is essential to determine whether your company/establishment has Standing Orders and Rules regarding Disciplinary Action for Acts of Misconduct. The mentioned act constitutes a serious/grave misconduct for which Management must promptly initiate disciplinary action without delay for any reason or pretext.
By conducting a preliminary inquiry, you have taken the first step. It is crucial to have the statement of the assaulted employee recorded and/or obtain a written complaint detailing the reason for the assault. The assaulted employee/complainant should undergo a medical examination for internal and external injuries, if any, immediately.
Based on the preliminary inquiry records, meticulously prepare Charge sheets/Explanation Letters (show cause notices) and ensure they are issued through the proper channel to all involved parties, including the assaulted employee, once signed by the Appointing Authority/Punishing Authority with the Office Seal. The Charge should include the date, time, place, and nature of the assault, along with the number of witnesses at this stage.
Following the issuance of the Charge sheets, immediately send Suspension-Pending-Inquiry Letters to the employees charged with assault, obtain their acknowledgment of receiving this second letter, instruct them to surrender their Works/Office Entry Permits, and request them to submit their Explanations at the Main Gate Security Office. Advise the Accounts Department to arrange for paying Subsistence Allowance on the next payday.
Upon receiving the Explanation Letters, the Authority must thoroughly review the explanations. If unsatisfied, an Office Order should be issued for a Domestic Inquiry. For this purpose, an Inquiry Officer should be appointed, and one of the Officers should be nominated as the Management Representative to present the Management Case. The Inquiry should be conducted promptly, and based on the findings, further action can be taken.
It is crucial to remember that ignoring or neglecting acts of gross indiscipline can lead to significant issues. Disciplinary actions are meant for correction, not punishment. The inquiry must be conducted fairly, justly, and reasonably.
Best regards,
Harsh K Sharan
91 9312 650756
hksharan@probusindia.com
1-10-2009, 4:15 p.m.
From India, Delhi
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Hi Ranjeet,
Nair and Madhu have given an excellent course of action that you need to initiate immediately.
One more word of caution: there has been a physical assault on a staff, and this is absolutely not acceptable. Physical assault is a matter of criminal and civil discipline and will attract a police inquiry. I am sure your company won't accept this course of action as they would like to protect their company from any damage.
Verbal abuse of any kind is not at all acceptable, but choosing a stand to revolt against what these staff members have chosen shows their poor mentality. It is an act of showing their muscle power, and believe me, this will repeat again if not curbed now. Strict discipline is required, even if it means terminating the instigator.
I am of the opinion that the staff who was assaulted should lodge a police complaint against all the assailants to safeguard their safety. I know not many will appreciate this act, but this is how he will safeguard his security. Once an inquiry starts, there will always be a revenge attitude among the affected. This is a very sensitive issue, and one needs to handle the same with maturity.
Wish you all the best.
Regards, ukmitra
From Saudi Arabia, Riyadh
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Nair and Madhu have given an excellent course of action that you need to initiate immediately.
One more word of caution: there has been a physical assault on a staff, and this is absolutely not acceptable. Physical assault is a matter of criminal and civil discipline and will attract a police inquiry. I am sure your company won't accept this course of action as they would like to protect their company from any damage.
Verbal abuse of any kind is not at all acceptable, but choosing a stand to revolt against what these staff members have chosen shows their poor mentality. It is an act of showing their muscle power, and believe me, this will repeat again if not curbed now. Strict discipline is required, even if it means terminating the instigator.
I am of the opinion that the staff who was assaulted should lodge a police complaint against all the assailants to safeguard their safety. I know not many will appreciate this act, but this is how he will safeguard his security. Once an inquiry starts, there will always be a revenge attitude among the affected. This is a very sensitive issue, and one needs to handle the same with maturity.
Wish you all the best.
Regards, ukmitra
From Saudi Arabia, Riyadh
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Dear All,
Thank you all for your replies.
Now, when the inquiry is ongoing, our chef, who was in management, is trying to frame it as Service vs. Kitchen.
In the incident, 2 trainees and 2 permanent staff were involved. My executive chef is not assigning duty to those trainees who were not the main accused. As they are easy targets, they have taken this step from their side.
The employee (Khursheed) was working on a contract for a period of one year.
I am afraid that this time also the main accused will not be set free as the inquiry is being conducted by the HR Manager. I have completely clarified my stance regarding the environment at that time and the steps we can take against it.
I have the written statements of all the accused + witnesses, which I have submitted to my Manager.
I have a medical certificate in my possession from a reputed hospital stating the injury.
I have an incident report from the security department, whom I contacted first when this took place.
Now the ball is in the court of my manager regarding the decision she will make.
The problem is that we are working for a reputed organization. We cannot take the step to call the police and hand over the culprits.
There are certain limitations as well. If this time the main accused will be set free and the people who need less punishment for the same, then it will be the murder of HR and the Principle of Natural Justice.
We can only hope for the best and for fairness.
Regards,
Ranjeet
From India, New Delhi
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Thank you all for your replies.
Now, when the inquiry is ongoing, our chef, who was in management, is trying to frame it as Service vs. Kitchen.
In the incident, 2 trainees and 2 permanent staff were involved. My executive chef is not assigning duty to those trainees who were not the main accused. As they are easy targets, they have taken this step from their side.
The employee (Khursheed) was working on a contract for a period of one year.
I am afraid that this time also the main accused will not be set free as the inquiry is being conducted by the HR Manager. I have completely clarified my stance regarding the environment at that time and the steps we can take against it.
I have the written statements of all the accused + witnesses, which I have submitted to my Manager.
I have a medical certificate in my possession from a reputed hospital stating the injury.
I have an incident report from the security department, whom I contacted first when this took place.
Now the ball is in the court of my manager regarding the decision she will make.
The problem is that we are working for a reputed organization. We cannot take the step to call the police and hand over the culprits.
There are certain limitations as well. If this time the main accused will be set free and the people who need less punishment for the same, then it will be the murder of HR and the Principle of Natural Justice.
We can only hope for the best and for fairness.
Regards,
Ranjeet
From India, New Delhi
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I totally agree with what Madhu and Vasant sir have to say on this. Having an employee on board who exhibits this kind of behavior is not a good idea in the long run. Also, during the inquiry, if you find that these conflicts started for a simple or petty reason, the employee may be dealing with a mental health issue such as clinical depression or a behavioral disorder. If we consider reinstating the employee, I recommend that they undergo a psychiatric evaluation to ensure they are mentally fit for work. Today it's just physical altercations, but tomorrow they may escalate to using weapons, posing a danger to their colleagues. In our office, we had a similar case where an employee suddenly began verbally abusing everyone around her. Later, her parents informed us that she was experiencing mental health challenges and was receiving treatment for them.
From India, Madras
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From India, Madras
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Manhandling is a serious misconduct and should not be taken lightly. At the same time, uninterrupted production/service has to be ensured.
Under the circumstances, it is not ideal to suspend all. The best course would be to suspend 3-4 hardcore elements who were in the forefront. This will send a strong signal among employees about the need for discipline.
Bye,
Agdesai
From India, Madras
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Under the circumstances, it is not ideal to suspend all. The best course would be to suspend 3-4 hardcore elements who were in the forefront. This will send a strong signal among employees about the need for discipline.
Bye,
Agdesai
From India, Madras
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Hi Ranjeet,
1st step: You should have taken that call to gather all the staff members in the meeting room who were involved in such acts, along with the witnesses.
2nd Step: Conduct a Domestic Enquiry on the employees, issue a charge sheet, and suspend the employees until the inquiry is completed. This is because beating an employee in front of others by a group of employees is a serious offense; it is a "misconduct." The employee from the F&B department has lost goodwill among the other employees. Therefore, find out the reason and take the necessary actions.
I might be harsh in my approach, but as an HR professional, you should have a strong heart and mind.
From India, Pune
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1st step: You should have taken that call to gather all the staff members in the meeting room who were involved in such acts, along with the witnesses.
2nd Step: Conduct a Domestic Enquiry on the employees, issue a charge sheet, and suspend the employees until the inquiry is completed. This is because beating an employee in front of others by a group of employees is a serious offense; it is a "misconduct." The employee from the F&B department has lost goodwill among the other employees. Therefore, find out the reason and take the necessary actions.
I might be harsh in my approach, but as an HR professional, you should have a strong heart and mind.
From India, Pune
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hi, all just now i have taken i admission in M.B.A. in hrm, so kindly requested to suggest me what should be the first step to learn manageral skills Regards, Syed Mohammed Arif
From Saudi Arabia, Riyadh
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From Saudi Arabia, Riyadh
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I have just gone through the entire post and I would like to thank all of you who have shared their advice. I am impressed with your knowledge. Thankyou for unconciously contributing to my learning.
From India, Mumbai
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From India, Mumbai
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Dear All,
Greetings!
The recent update on the case is quite concerning. I can't believe that we, working in the HR Department, can make such a decision. All of them are now free. Management conducted an inquiry about the incident, and the culprits are now free. They were only given a warning letter about the decision, along with a warning letter to the victim.
The accused, who is a permanent employee, has a good relationship with the people in management. Our Executive Chef supported him. All the on-the-spot written statements were set aside, and the decision was made to give all of them warning letters.
The victims were also given a warning letter because management believes that he is also a part of the whole event, stating that "a clap requires two hands."
Kindly review my post again and provide your decision. The victim has four witnesses against the accused, while there are only written statements from the accused about the victim.
A third independent party also provided a statement in favor of the victim.
Now, my question is: in which direction are we moving? Discipline must be taken seriously. Is this the correct step to take?
The situation in Guragaon in the automobile industry is a serious concern regarding discipline. The morale of the entire staff is very low, and I feel helpless.
The first thing that comes to the employees' minds is that there is no use in going to HR.
Please advise on what to do.
Regards,
Ranjeet
From India, New Delhi
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Greetings!
The recent update on the case is quite concerning. I can't believe that we, working in the HR Department, can make such a decision. All of them are now free. Management conducted an inquiry about the incident, and the culprits are now free. They were only given a warning letter about the decision, along with a warning letter to the victim.
The accused, who is a permanent employee, has a good relationship with the people in management. Our Executive Chef supported him. All the on-the-spot written statements were set aside, and the decision was made to give all of them warning letters.
The victims were also given a warning letter because management believes that he is also a part of the whole event, stating that "a clap requires two hands."
Kindly review my post again and provide your decision. The victim has four witnesses against the accused, while there are only written statements from the accused about the victim.
A third independent party also provided a statement in favor of the victim.
Now, my question is: in which direction are we moving? Discipline must be taken seriously. Is this the correct step to take?
The situation in Guragaon in the automobile industry is a serious concern regarding discipline. The morale of the entire staff is very low, and I feel helpless.
The first thing that comes to the employees' minds is that there is no use in going to HR.
Please advise on what to do.
Regards,
Ranjeet
From India, New Delhi
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Dear Ranjeet,
You asked about the course of action to be taken. We have explained the legal position. Now, you may not be able to digest the action taken by those concerned. Keep cool. You have done your duty only. You have to reconcile philosophically. You know it happens in many places. Recently, you must have read in the news that the cabin crew, while flying, had a fight with other staff members. To err is human. To forgive is divine. Relax!
From India, Madras
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You asked about the course of action to be taken. We have explained the legal position. Now, you may not be able to digest the action taken by those concerned. Keep cool. You have done your duty only. You have to reconcile philosophically. You know it happens in many places. Recently, you must have read in the news that the cabin crew, while flying, had a fight with other staff members. To err is human. To forgive is divine. Relax!
From India, Madras
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Prof. Kutty has said it. If the management is not willing to take the proper direction, why should you? You can at least relax knowing that the management has not put everything on your shoulders and kept silent. It is the usual practice that others will spoil a particular incident, and finally, the matter will be handed over to HR, saying, "it is an HR issue, take care of it." Remember, if we could solve a matter, do not expect any recognition, but if we fail to solve it, we will be shown the way out of the company! If that is the situation, why should we become enemies of employees? Keep cool.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Thank you, Sir, for your reply. Maybe working for some more years will help me out. Now, when tomorrow's situation arises, somebody may confront the HR person; however, we can't blame anybody. If Management wants to instil this culture, what can we do? Nothing more. Already preparing for another situation in Guragaon. Thank you for your suggestions.
Regards,
Ranjeet
From India, New Delhi
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Regards,
Ranjeet
From India, New Delhi
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Part I Employee Action Analyse.doc
Employee Action Form -- DEMO.xls