Hello all
Punishment cannot be taken againist both of them
1. There is no compliant from both the parties.
2. Incase of standing orders also the affected party has to register a complaint then only action can be taken based on principle of natural justice.
From India, Bangalore
Punishment cannot be taken againist both of them
1. There is no compliant from both the parties.
2. Incase of standing orders also the affected party has to register a complaint then only action can be taken based on principle of natural justice.
From India, Bangalore
Further to my message where I have suggested a lenient view on this incident I would also like to request so many friends who have on the opinion that the punishment is quite right, to support the employees, because in this incident the HR seems to has personal grudge on the concerned employees, because
1. Managers are not against the employees
2. The humble employees have submitted their apology letters in order to get the matter closed and resume their duties.
3. The HR has cleverly and tactically got the apology letters and fix the employees as culprits by themselves. Therefore the HR can get the benefit if the incident goes into Court of Law
4. Thus the HR has completed their legal formalities and took revenge on the humble employees
Therefore once again request the Top Management to take a lenient view on this incident and also request the friends to support the employees
From India, Indore
1. Managers are not against the employees
2. The humble employees have submitted their apology letters in order to get the matter closed and resume their duties.
3. The HR has cleverly and tactically got the apology letters and fix the employees as culprits by themselves. Therefore the HR can get the benefit if the incident goes into Court of Law
4. Thus the HR has completed their legal formalities and took revenge on the humble employees
Therefore once again request the Top Management to take a lenient view on this incident and also request the friends to support the employees
From India, Indore
Dear Mani,
What ever is happened means happened, need not to worry, of course, HR deptt. has not done good, but it does not mean you leave all the hopes in the life, if one door is closed then next is open, be positive If both have the caliber then I am sure they will get a better job. but make sure you must learn from the mistake not to repeat in the future.
As per law HR deptt cannot terminate the employee without giving chance of listening to their employee, Company must follow the grievance procedure, and more over employee must get a chance to explain.
Thank you
Sushil Kumar
From India, New Delhi
10What ever is happened means happened, need not to worry, of course, HR deptt. has not done good, but it does not mean you leave all the hopes in the life, if one door is closed then next is open, be positive If both have the caliber then I am sure they will get a better job. but make sure you must learn from the mistake not to repeat in the future.
As per law HR deptt cannot terminate the employee without giving chance of listening to their employee, Company must follow the grievance procedure, and more over employee must get a chance to explain.
Thank you
Sushil Kumar
From India, New Delhi
I principally agreed with the fact that once complaint of any type of misconduct has been registered by any employee to HR; then HR needs to hold enquiry and take necessary action to protect organization’s interest.
In this case, I think type of misconduct/misbehavior exhibited by these two employees, termination is the perfect action taken by HR.
It will definitely spread the message for all others and will also be effected for long time.
From India, Pune
In this case, I think type of misconduct/misbehavior exhibited by these two employees, termination is the perfect action taken by HR.
It will definitely spread the message for all others and will also be effected for long time.
From India, Pune
Hi Mani,
What has happened with your friends is very bad, but thats not the end of road for that girl and boy. If those two are very desparate for job(im not sure by now they would have joined other company).If not share there resume to my id i will process it for some companies.
Regards
Darshan
From India, Bangalore
What has happened with your friends is very bad, but thats not the end of road for that girl and boy. If those two are very desparate for job(im not sure by now they would have joined other company).If not share there resume to my id i will process it for some companies.
Regards
Darshan
From India, Bangalore
Hi,
This is something that concerns to the respective company however, when both the employees have understood their mistake and have given a written apology then the HR has no such reason to extend the punishment to termination but, could suspend them for such behavior in the office area.
I suggest they both approach the management as people working are not robots but humans with feelings, and the HR better explain such decision.
The only people who should approach the management are the boy and the girl and make sure the HR has no personal issues with what happened.
From India, Bangalore
This is something that concerns to the respective company however, when both the employees have understood their mistake and have given a written apology then the HR has no such reason to extend the punishment to termination but, could suspend them for such behavior in the office area.
I suggest they both approach the management as people working are not robots but humans with feelings, and the HR better explain such decision.
The only people who should approach the management are the boy and the girl and make sure the HR has no personal issues with what happened.
From India, Bangalore
I don't see proper investigation being carried out at all in this case....also there is a heirachy in all depts including HR so both of them have the right to escalate the matter irrespective if they are on probation or confirmed.
Every employer is liable to follow the principle of natural justice which was totally ignored here and can constitute unfair labour practice
From India, Mumbai
Every employer is liable to follow the principle of natural justice which was totally ignored here and can constitute unfair labour practice
From India, Mumbai
Such type of Termination without a reasoned order may not hold good in the eyes of law. Mere submission of representation is not enough. A proper Departmental Enquiry is necessary to dismiss an employee and the same has to be accompanied by a well reasoned order with proper application of mind.
Action was possibly taken to maintain discipline and decorum. But why such Major penalty has been imposed is not understood. What does the disciplinary procedure of the Company says about it? Is it that there never had been similar incident in the past?
When either party did not complain, Who was the one to complain? What was his/her interest to lodge the complaint? These facts were needed to be examined closely. The Action taken has left a whole lot of unanswered questions and loopholes.
The ex-employees may as well represent to the top Management in a very humble manner requesting to be excused and reinstated with a categorical undertaking of not repeating such actions in future.
From India, Mathura
Action was possibly taken to maintain discipline and decorum. But why such Major penalty has been imposed is not understood. What does the disciplinary procedure of the Company says about it? Is it that there never had been similar incident in the past?
When either party did not complain, Who was the one to complain? What was his/her interest to lodge the complaint? These facts were needed to be examined closely. The Action taken has left a whole lot of unanswered questions and loopholes.
The ex-employees may as well represent to the top Management in a very humble manner requesting to be excused and reinstated with a categorical undertaking of not repeating such actions in future.
From India, Mathura
Hello Friend Definitely your friend can approach higher authorities for such a harsh action and as mentioned for legal action approach labour commisoner for illegal HR practices.
From India, Hyderabad
From India, Hyderabad
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