31- Purpose of termination in this case is very clear. Employee has acted against the interest of the employer, it is a clear case of breach of trust and he needs to be appropriately punished. Such action and punishment against employer will also set example for other employees in organization and will act as deterrent for others.
- I do not feel Delivery Manager is a workmen and he is not likely to challenge the termination in court.
- Nobody should be afraid of courts or legal process. Follow the legal process and do right things. Law breakers should be afraid of Police, Courts and Legal System and not law abiding upright employer.
- Go into merits of the case seek proper legal advice and take appropriate action.
From India, Pune
- Punishment needs to be given in case of misconduct and crime. At the same time punishment has to be appropriate and in accordance with the severity and nature of misconduct and crime.
- If in case termination is appropriate in this case, let it be. Resultant career set back is also a part of punishment.
From India, Pune
- You want to tolerate every misconduct and crime and you do not want to punish anybody.
- Punishment needs to be given in case of misconduct and crime. At the same time punishment has to be appropriate and in accordance with the severity and nature of misconduct and crime.
From India, Pune
Putting down the papers, you mean he has submitted his resignation or that the resignation has been accepted. I think it makes a lot of difference.If the resignation has been accepted, then probably it will be difficult to take action.
From India, Bangalore
From India, Bangalore
Dear Arpita,
Once there is a misconduct, it leads into a domestic enquiry. Once the enquiry is in motion, an employee cannot get clearance. Since we do not know the misconduct, it would be unfair to commit. If the misconduct is financial related, you can allow him to resign after getting a compensation from him. If the misconduct is criminal, other authories may need to be involved. But if the misconduct is not so severe, the enquiry committee can give a suitable punishment and then allow him to resign without termination so that his career is not messed up.
How long has he worked for your company? How has his performance been otherwise?
Regards
From India, Visakhapatnam
Once there is a misconduct, it leads into a domestic enquiry. Once the enquiry is in motion, an employee cannot get clearance. Since we do not know the misconduct, it would be unfair to commit. If the misconduct is financial related, you can allow him to resign after getting a compensation from him. If the misconduct is criminal, other authories may need to be involved. But if the misconduct is not so severe, the enquiry committee can give a suitable punishment and then allow him to resign without termination so that his career is not messed up.
How long has he worked for your company? How has his performance been otherwise?
Regards
From India, Visakhapatnam
Even after tendering resignation an employee remains employee like any other employee and all rules will be applicable to him till he is relieved. If he has committed serious breach of trust and caused monetary loss to the company the management need not relieve him. Management may reject his resignation, take proper disciplinary action and dismiss him as punishment after the charges are proved at an enquiry. Even after dismissal police complaint could be lodged for the breach of trust causing monetary loss. This is for setting an example for others.
If there is no monetary loss but the breach is serious he can be terminated on loss of confidence. This will set an example and may affect his career also but one should learn a lesson too. Otherwise anybody will commit such serious breach and get away with resignation.
From India, Mumbai
If there is no monetary loss but the breach is serious he can be terminated on loss of confidence. This will set an example and may affect his career also but one should learn a lesson too. Otherwise anybody will commit such serious breach and get away with resignation.
From India, Mumbai
Hi
If the misconduct is of criminal nature then law will takes its own course and the employee is bound to bear the burnt of it or if it is a minor issue in terms of verbal spat then let the case die its own death.The management should not persist termination to satisfy its inflated ego ,I affraid it may not hold good in the court at later stage.
reagrsd
Naresh Kumar
From India, New Delhi
If the misconduct is of criminal nature then law will takes its own course and the employee is bound to bear the burnt of it or if it is a minor issue in terms of verbal spat then let the case die its own death.The management should not persist termination to satisfy its inflated ego ,I affraid it may not hold good in the court at later stage.
reagrsd
Naresh Kumar
From India, New Delhi
Hi Arpita,
I dont think you can terminate an employee who had already taken the ownership for his mistake by resigning his job. Also, in some instances a memo should be handed over to the respective employee before termination formalities (depending upon the complexity of the breach).
Possibly you can ask the employee to surrender a penalty amount for his breach. Termination may hamper his career life going forward.
Regards
Sajeev
From India, Madras
I dont think you can terminate an employee who had already taken the ownership for his mistake by resigning his job. Also, in some instances a memo should be handed over to the respective employee before termination formalities (depending upon the complexity of the breach).
Possibly you can ask the employee to surrender a penalty amount for his breach. Termination may hamper his career life going forward.
Regards
Sajeev
From India, Madras
- I feel Mr. P S Dhingra has given a very good advise. He has considered all possible scenarios and each sentence in his advise is important.
From India, Pune
Dear Arpita
You wrote to "One of our employee has committed gross breach of trust and before we could terminate him he has put down papers"
You haven't given us the complete picture to provide you a perfect solution as per LAW.
A) Did your management accepted his resignation?
B) If "NO" then you can initiate action for the BREACH OF TRUST as per the REGULATIONS OF LAW and your COMPANY POLICY, followed by TERMINATION.....
c) If "YES" then BID him FAREWELL.
Before he leaves your oganisation, kindly educate him about him mistake, so that he should hesitate to commit in future.
If you wish, you can share whatever he had committed wrong so that it could be a case study for us.
With profound regards
From India, Chennai
You wrote to "One of our employee has committed gross breach of trust and before we could terminate him he has put down papers"
You haven't given us the complete picture to provide you a perfect solution as per LAW.
A) Did your management accepted his resignation?
B) If "NO" then you can initiate action for the BREACH OF TRUST as per the REGULATIONS OF LAW and your COMPANY POLICY, followed by TERMINATION.....
c) If "YES" then BID him FAREWELL.
Before he leaves your oganisation, kindly educate him about him mistake, so that he should hesitate to commit in future.
If you wish, you can share whatever he had committed wrong so that it could be a case study for us.
With profound regards
From India, Chennai
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf