Hi Sanu,
This post of yours shows as if you prefer thinking more on hypothetical grounds rather than going through the reality of the case, as neither the question relates to legal action in a court of law, nor has the employee given the complete case history. However, the employee is free to adhere to your advice to file a premature legal case against the management if that suits him best.
But, for providing to-the-point advice, I once again reiterate that you may please better re-read the main thread posted by the employee. Your advice is totally on premature legal action on hypothetical grounds rather than on disciplinary action, which is still at the proposal stage and not even initiated yet.
"A management can issue a charge sheet to an employee alleging that he sneezed forcefully in the office, resulting in some papers flying off the table, causing other employees to run after such papers, which ultimately resulted in a stampede, and ultimately terminate him from service. There is a prima facie case against him, and no force on earth can prevent the management from acting in such a ham-handed manner. But the question is whether such action will be found reasonable, legal, and justified by the appropriate legal forum. Though there was a stampede, the HR manager should advise against issuing a charge sheet because sneezing is an innocuous bodily action, not a willful malfeasance warranting punishment.
In the instant case, I reiterate, the management does not have sufficient grounds to proceed against the employee. If it does, the employee will get judicial justice.
Sanu Soman,
HR Manager"
From India, Delhi
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394This post of yours shows as if you prefer thinking more on hypothetical grounds rather than going through the reality of the case, as neither the question relates to legal action in a court of law, nor has the employee given the complete case history. However, the employee is free to adhere to your advice to file a premature legal case against the management if that suits him best.
But, for providing to-the-point advice, I once again reiterate that you may please better re-read the main thread posted by the employee. Your advice is totally on premature legal action on hypothetical grounds rather than on disciplinary action, which is still at the proposal stage and not even initiated yet.
"A management can issue a charge sheet to an employee alleging that he sneezed forcefully in the office, resulting in some papers flying off the table, causing other employees to run after such papers, which ultimately resulted in a stampede, and ultimately terminate him from service. There is a prima facie case against him, and no force on earth can prevent the management from acting in such a ham-handed manner. But the question is whether such action will be found reasonable, legal, and justified by the appropriate legal forum. Though there was a stampede, the HR manager should advise against issuing a charge sheet because sneezing is an innocuous bodily action, not a willful malfeasance warranting punishment.
In the instant case, I reiterate, the management does not have sufficient grounds to proceed against the employee. If it does, the employee will get judicial justice.
Sanu Soman,
HR Manager"
From India, Delhi
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Dear Sanu Soman,
I appreciate your views which are in support of employees!
If you see my posts in this forum, you will find that I also share a similar philosophy since an employee is always at a disadvantage against an employer. Management can act in erratic, insensitive, and unfair ways which can affect the career of an employee for life and the life of his family.
Incidentally, all members responding to this thread, namely Mr. P.S. Dhingra, Vasant Nair, tajsateesh, et al, also share the same philosophy of 'Natural Justice' and 'concern for people,' which you can ascertain yourself if you take care to read their previous posts.
However, we all must take care and use our wisdom to discriminate between those who are really needy, deserving, and are victims of management's high-handedness, and on the other hand, abstain from using our expertise and experience in supporting and propagating bad unethical practices.
Despite our repeated request, I would ask you once again to read the post again, especially the lines quoted below.
Do I need to say more?
This is NOT about disciplinary action for the period when the employee was on leave due to genuine sickness, but about his absenteeism later on, for which he has no explanation nor has offered any despite our request.
Regards.
From India, Delhi
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I appreciate your views which are in support of employees!
If you see my posts in this forum, you will find that I also share a similar philosophy since an employee is always at a disadvantage against an employer. Management can act in erratic, insensitive, and unfair ways which can affect the career of an employee for life and the life of his family.
Incidentally, all members responding to this thread, namely Mr. P.S. Dhingra, Vasant Nair, tajsateesh, et al, also share the same philosophy of 'Natural Justice' and 'concern for people,' which you can ascertain yourself if you take care to read their previous posts.
However, we all must take care and use our wisdom to discriminate between those who are really needy, deserving, and are victims of management's high-handedness, and on the other hand, abstain from using our expertise and experience in supporting and propagating bad unethical practices.
Despite our repeated request, I would ask you once again to read the post again, especially the lines quoted below.
Do I need to say more?
This is NOT about disciplinary action for the period when the employee was on leave due to genuine sickness, but about his absenteeism later on, for which he has no explanation nor has offered any despite our request.
Regards.
From India, Delhi
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Dear Sanusoman,
You do have a very fertile imagination. It seems that you have read more into the original thread than what has been stated therein.
I will request you to please re-read the original thread carefully before you launch into your flight of fantasy and weave a new story altogether.
I will also request you to kindly read my response and that of Raj Kumar in this regard. I have responded paragraph-wise to the facts stated in the original thread, and that should, perhaps, give a better understanding of the issue at hand. You will appreciate that it relates to more than a "sneeze and resulting stampede in the office."
Best Wishes,
Vasant Nair
From India, Mumbai
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You do have a very fertile imagination. It seems that you have read more into the original thread than what has been stated therein.
I will request you to please re-read the original thread carefully before you launch into your flight of fantasy and weave a new story altogether.
I will also request you to kindly read my response and that of Raj Kumar in this regard. I have responded paragraph-wise to the facts stated in the original thread, and that should, perhaps, give a better understanding of the issue at hand. You will appreciate that it relates to more than a "sneeze and resulting stampede in the office."
Best Wishes,
Vasant Nair
From India, Mumbai
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