Thank you. Now, what can we do to make it legal? What about the fault of the concerned staff, which could have taken the life of a patient? Will the management have to rejoin the concerned staff? Please guide me in this regard.
From India, Ernakulam
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1From India, Ernakulam
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Dear colleague,
You may do the following:
1. Withdraw the termination letter and ask the person to report for duty.
2. Keep the 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 the inquiry will be paid as per law.
3. After 48 hours, issue a letter of inquiry giving the place, date/time of the inquiry, and the name of the inquiry officer.
4. Conduct a legal and proper inquiry until its end by an experienced and legally well-trained person. Your Management Representative also has to be experienced and well-versed in law.
5. After receipt of the Enquiry findings report, issue a show-cause letter as to why her services should not be terminated.
6. Issue the letter of termination.
It is likely that the employee may not report for duty, may refuse to receive any communication, and will not attend the inquiry.
In this case, send all communication by registered A.D. and conduct the inquiry ex-parte.
What I have stated above is a broad outline of the action plan, and you have to take guidance from a local labor lawyer at every stage and every unfolding sequence of events.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
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You may do the following:
1. Withdraw the termination letter and ask the person to report for duty.
2. Keep the 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 the inquiry will be paid as per law.
3. After 48 hours, issue a letter of inquiry giving the place, date/time of the inquiry, and the name of the inquiry officer.
4. Conduct a legal and proper inquiry until its end by an experienced and legally well-trained person. Your Management Representative also has to be experienced and well-versed in law.
5. After receipt of the Enquiry findings report, issue a show-cause letter as to why her services should not be terminated.
6. Issue the letter of termination.
It is likely that the employee may not report for duty, may refuse to receive any communication, and will not attend the inquiry.
In this case, send all communication by registered A.D. and conduct the inquiry ex-parte.
What I have stated above is a broad outline of the action plan, and you have to take guidance from a local labor lawyer at every stage and every unfolding sequence of events.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
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Dear Prasanth,
I have my own reservations 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 the law and then to terminate her again.
Your reply dated 15-02-2019 contradicts everything 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 doubts about your competency to conduct 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 is highly critical, you terminated her services orally and subsequently sent her the same with one month's notice pay by post.
If she challenges her termination as illegal, the tribunal will have to determine whether the same is justifiable as well. You can plead before the tribunal to conduct the inquiry and prove that your orders of termination were justifiable in the circumstances of the case.
From India, Salem
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I have my own reservations 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 the law and then to terminate her again.
Your reply dated 15-02-2019 contradicts everything 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 doubts about your competency to conduct 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 is highly critical, you terminated her services orally and subsequently sent her the same with one month's notice pay by post.
If she challenges her termination as illegal, the tribunal will have to determine whether the same is justifiable as well. You can plead before the tribunal to conduct the inquiry and prove that your orders of termination were justifiable in the circumstances of the case.
From India, Salem
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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 the conciliation officer. If you don't agree to her reinstatement, it will go to the Industrial tribunal before which you can present your case by leading evidence against her.
B. Saikumar HR & Labour Relations Adviser.
From India, Mumbai
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B. Saikumar HR & Labour Relations Adviser.
From India, Mumbai
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Dear Umakantan Sir,
The investigation was not only conducted by me but also by the Nursing Superintendent of the Hospital. My investigation was based on the ground reality, statements from other staff, and records. Whereas the Nursing Superintendent's investigation was based on medical facts, patient medical history, and records.
Thank you.
From India, Ernakulam
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The investigation was not only conducted by me but also by the Nursing Superintendent of the Hospital. My investigation was based on the ground reality, statements from other staff, and records. Whereas the Nursing Superintendent's investigation was based on medical facts, patient medical history, and records.
Thank you.
From India, Ernakulam
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