Dear All,
Can an employers use straight abusive words (used by a worker during verbal argument with another worker) in the show cause given to that worker. If not, then under which legal provision the employer can be sued by the worker.
Thanks
From India, Jaipur
1Can an employers use straight abusive words (used by a worker during verbal argument with another worker) in the show cause given to that worker. If not, then under which legal provision the employer can be sued by the worker.
Thanks
From India, Jaipur
You should mention as Unacceptable language or Uncomplimentary words in the show cause notice but not the exact foul words used by the employee. Pon
From India, Lucknow
From India, Lucknow
Hi Kanu !
Was confused in understanding the requirement. Please correct me if I'm wrong-"A worker had used foul language for which he was served showcause notice with same language used therein. There's no denial to using of such language by worker but now worker wants to sue his employer for inputting such language in showcause letter."
Though its highly unprofessional to use such language on official letters yet I'm wondering as How can a case be even built up on this? Another instance when the person suing has himself admitted or atleast not denying using such words and instead to make good the things worker is thinking of Suing.
I would strongly recommend this worker to immediately stop this idea of suing his employer for this ground and instead if he has used such language he should apologise and try to make good the entire work environment.
From India, Gurgaon
Was confused in understanding the requirement. Please correct me if I'm wrong-"A worker had used foul language for which he was served showcause notice with same language used therein. There's no denial to using of such language by worker but now worker wants to sue his employer for inputting such language in showcause letter."
Though its highly unprofessional to use such language on official letters yet I'm wondering as How can a case be even built up on this? Another instance when the person suing has himself admitted or atleast not denying using such words and instead to make good the things worker is thinking of Suing.
I would strongly recommend this worker to immediately stop this idea of suing his employer for this ground and instead if he has used such language he should apologise and try to make good the entire work environment.
From India, Gurgaon
Dear Kanu
As a matter of fact, if the witness available and if the same was reported by the opponent with evidence, then in the Show cause notice, the employer can mention the Abusive words used by the worker.
"While arguing with your co-worker you have told that XXXXXXXXXXXXXXXXXXXX or the words to that effect" can be given. It is not used by the HR or the employer, But it is reproduced as the same is used by the worker himself while arguing in the workplace.
From India, Kumbakonam
As a matter of fact, if the witness available and if the same was reported by the opponent with evidence, then in the Show cause notice, the employer can mention the Abusive words used by the worker.
"While arguing with your co-worker you have told that XXXXXXXXXXXXXXXXXXXX or the words to that effect" can be given. It is not used by the HR or the employer, But it is reproduced as the same is used by the worker himself while arguing in the workplace.
From India, Kumbakonam
Sir,
Thanks for your comments.
As if the worker used that language against any of his co-worker, but now he is totally denying of using this kind of abusive language. A personal manager had put the foul words in show cause which are looking shameful in reading. My concern is that, is there any provision in our law which restrain us from using obscene words in writing.
From India, Jaipur
Thanks for your comments.
As if the worker used that language against any of his co-worker, but now he is totally denying of using this kind of abusive language. A personal manager had put the foul words in show cause which are looking shameful in reading. My concern is that, is there any provision in our law which restrain us from using obscene words in writing.
From India, Jaipur
You can take statement from witnesses related to abusive langauage used by the accused workman. More no of witnesses will overpower the statments of the accused employees.
From India, Pune
From India, Pune
Dear Friends,
Mr. Puneeth is saying is correct. While issuing the SHOW CAUSE NOTICE its a must to included the "incident and event" if any in the notice. If there is any wrong, it should be proved in the "Domestic Enquiry". If the delinquent employee is proved it wrong, then make an evidence for it.
Regards,
PBS KUMAR
From India, Kakinada
Mr. Puneeth is saying is correct. While issuing the SHOW CAUSE NOTICE its a must to included the "incident and event" if any in the notice. If there is any wrong, it should be proved in the "Domestic Enquiry". If the delinquent employee is proved it wrong, then make an evidence for it.
Regards,
PBS KUMAR
From India, Kakinada
The exact words are to be reproduced in the show cause notice, as a Quote and before preparing the show cause notice it should be ensured that the basic report contain those words. The same words are to be reproduced not only in the show cause notice, but also in the subsequent communications, like, evidence recording in the domestic enquiry, finding, 2nd show cause notice and final order.
M Venkatraghavan
From India, Selam
M Venkatraghavan
From India, Selam
Hi Venkat,
Show cause notice is official. The accused might have used the most vulgar words and street layman type words. Printing those exact words in an official communication is advisable? I am not in agreement with your version.
Pon
From India, Lucknow
Show cause notice is official. The accused might have used the most vulgar words and street layman type words. Printing those exact words in an official communication is advisable? I am not in agreement with your version.
Pon
From India, Lucknow
Dear Pon and Kanu,
The show cause notice should contain the exact details including the verbatim communication in the same vernacular language as has been told, to know the severity of the misconduct and that alone would justify the initiation of disciplinary action. Any misconduct not mentioned in the initial show cause notice, but later on added would not be upheld in the Labour Court. However, if no serious action is being contemplated on the misconduct, then it shall not be reproduced exactly.
M Venkatraghavan
From India, Selam
The show cause notice should contain the exact details including the verbatim communication in the same vernacular language as has been told, to know the severity of the misconduct and that alone would justify the initiation of disciplinary action. Any misconduct not mentioned in the initial show cause notice, but later on added would not be upheld in the Labour Court. However, if no serious action is being contemplated on the misconduct, then it shall not be reproduced exactly.
M Venkatraghavan
From India, Selam
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