A Company has already registered a FIR against 3 employees , no domestic enquiry was done. The case is manipulation of fund against the materials to be sold. now the Company wants to issue termination letter to these 3, is it ok to issue or should we wait for the police enquiry
From India, Kochi
1From India, Kochi
The purport of lodging FIR and holding domestic inquiry are different. A separate domestic inquiry has to be done by you. On the basis of police inquiry nothing can be done. It only after conviction of employee upon which reliance can be placed but that will take long time. So immediately charge sheet the employees and hold domestic inquiry.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
as our eminent member Mr. Sushil replied, FIR by police and Domestic enquiry is different. you need to serve chargesheet, get explanation, conduct domestic enquiry and dismiss these employees based on the charges proved in the domestic enquiry otherwise your company has to face legal consequences in case they prefer appeal for illegal termination.
From India, New Delhi
From India, New Delhi
Domestic enquiry by the firm should have been first conducted and guilt established.
Documents which were manipulated,amounts,how manipulation took place,how much loss to company and how much was illegally gained by concerned employees need to be elucidated and proved.
Once this proof is there they could have dismissed the employees and lodged an FIR also.
Placing the cart before the horse approach can only complicate legal matters.
Police may not do such a skilful job of proving manipulation and misappropriation of company funds.
One needs to take actions carefully keeping all aspects in mind.No hurried steps which will delay the whoe proceedings.
From India, Pune
Documents which were manipulated,amounts,how manipulation took place,how much loss to company and how much was illegally gained by concerned employees need to be elucidated and proved.
Once this proof is there they could have dismissed the employees and lodged an FIR also.
Placing the cart before the horse approach can only complicate legal matters.
Police may not do such a skilful job of proving manipulation and misappropriation of company funds.
One needs to take actions carefully keeping all aspects in mind.No hurried steps which will delay the whoe proceedings.
From India, Pune
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Company Profile.ppt
Company Profile Letter - Global Risk Management Services.pdf