Dear All,
Please suggest your opinion for incident where an employee agrees that he has been under the influence of alcohol during his shift hours, is it advisable to terminate his employment, this being the first misconduct of him.
Please advise asap.
Regards,
Sashmita n
From India, Delhi
7Please suggest your opinion for incident where an employee agrees that he has been under the influence of alcohol during his shift hours, is it advisable to terminate his employment, this being the first misconduct of him.
Please advise asap.
Regards,
Sashmita n
From India, Delhi
Dear Sashmita,
Consumption of alcohol during working hours or reporting for duties under the influence of alcohol is misconduct under the provisions of standing orders act. Therefore, you can take action against the employee.
Whether terminate or not is your management's call. However, if you terminate him, you will send a signal to one and all on you stand for what. It will help you nip this practice in the bud. No need to show mercy on this count. Before termination it is better to conduct the domestic enquiry. His acceptance of guilt is not sufficient ground for termination. Whether he accepts or not, it is better to conduct the enquiry.
When the employee was found in inebriated condition, did you take his saliva sample? Report from medical lab would be concrete evidence for taking action.
Thanks,
Dinesh Divekar
From India, Bangalore
Consumption of alcohol during working hours or reporting for duties under the influence of alcohol is misconduct under the provisions of standing orders act. Therefore, you can take action against the employee.
Whether terminate or not is your management's call. However, if you terminate him, you will send a signal to one and all on you stand for what. It will help you nip this practice in the bud. No need to show mercy on this count. Before termination it is better to conduct the domestic enquiry. His acceptance of guilt is not sufficient ground for termination. Whether he accepts or not, it is better to conduct the enquiry.
When the employee was found in inebriated condition, did you take his saliva sample? Report from medical lab would be concrete evidence for taking action.
Thanks,
Dinesh Divekar
From India, Bangalore
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Enforcement of negative covenants in employment terms.pdf