Dear HR professionals,
I need consultation on the decision of management for terminating a non performing employee, the case summery is as follows:
a. On 6th June'15 issued him a letter on non performance which was target specific that need to be achieved in the month of June'15 only.
b. On 15th June'15, it was discovered that as per mentioned sales call he didn't visited the market and have taken half day off without any information and approval. for the same a meeting has been organized where proper MOM have been recorded between employee HR and the Reporting Manager. Employee agrees that it was his mistake.
c. he has been issues a show cause for the same but his reply was not justified.
d. committee meeting has been organized for fake report submission and unauthorized absent between Managing director, F&A Head, sales Head and HR and decisions have been taken by the committee to impose fine on him.
e. he accepted the fine and signed all the documents related to same.
f. employee applied for a leave for 12 days on account f family vacation during this tenure, which was not approved and management granted him a week of leave instead of 12 days. but after completion of one week, he dropped in a mail stating that he is not well and would be joining after 3 days only.
Please guide, if on the above case we could terminate the employee without paying any notice pay with immediate effect.
From Singapore, Singapore
I need consultation on the decision of management for terminating a non performing employee, the case summery is as follows:
a. On 6th June'15 issued him a letter on non performance which was target specific that need to be achieved in the month of June'15 only.
b. On 15th June'15, it was discovered that as per mentioned sales call he didn't visited the market and have taken half day off without any information and approval. for the same a meeting has been organized where proper MOM have been recorded between employee HR and the Reporting Manager. Employee agrees that it was his mistake.
c. he has been issues a show cause for the same but his reply was not justified.
d. committee meeting has been organized for fake report submission and unauthorized absent between Managing director, F&A Head, sales Head and HR and decisions have been taken by the committee to impose fine on him.
e. he accepted the fine and signed all the documents related to same.
f. employee applied for a leave for 12 days on account f family vacation during this tenure, which was not approved and management granted him a week of leave instead of 12 days. but after completion of one week, he dropped in a mail stating that he is not well and would be joining after 3 days only.
Please guide, if on the above case we could terminate the employee without paying any notice pay with immediate effect.
From Singapore, Singapore
Deer Deepti,
The acts of misconduct committed by the employee as discernible from you post are: (1) Fake report submission (2) Unauthorised absence and (3) Overstayal of leave. Regarding the fake report and unauthorised absence, you have already initiated disciplinary action and concluded it according to your own practice by imposing fine on him and he also accepted it and therefore (1) and (2) are over. Now for the over stayal of leave, you want to terminate him straight away forthwith even without notice or notice pay in lieu thereof. Perhaps, the punishment for the earlier misconducts might have influenced your mind to terminate him summarily even without notice or notice pay for the subsequent misconduct of overstayal of leave. Legally it may not be correct for such an action is violative of the Principles of Natural Justice.
From India, Salem
6018The acts of misconduct committed by the employee as discernible from you post are: (1) Fake report submission (2) Unauthorised absence and (3) Overstayal of leave. Regarding the fake report and unauthorised absence, you have already initiated disciplinary action and concluded it according to your own practice by imposing fine on him and he also accepted it and therefore (1) and (2) are over. Now for the over stayal of leave, you want to terminate him straight away forthwith even without notice or notice pay in lieu thereof. Perhaps, the punishment for the earlier misconducts might have influenced your mind to terminate him summarily even without notice or notice pay for the subsequent misconduct of overstayal of leave. Legally it may not be correct for such an action is violative of the Principles of Natural Justice.
From India, Salem
As Mr.Umakantan indicated,The principle of natural justice be considered.As per company policy,Proper procedure be followed towards Initial inquiry into the matter in case of absence and appropriate action then may be taken and all records be maintained.While employee has to be given an opportunity to prove his stand.
From India, Vadodara
From India, Vadodara
Let the employee join you back and submit his/her medical certificate, check the credential for its accuracy/genuinity. If it is fake you can take disciplinary action. If it is genuine you should wait and give one more chance to improve. This is purely my view
From India, Ahmadabad
From India, Ahmadabad
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China Rules On Terminating An Employee.docx