Dear Seniors,
I would like to ask, can we terminate a Manager who had 2 affairs in our office and both the employees (Executive) have given written complaints against him? When we received the first complaint saying that he is mentally harassing as he is carrying on with another employee, the company gave him a verbal warning as it was a consensual relationship and not covered under POSH. Now, we have received a second complaint from another employee stating that he cheated her and also disclosed information about the company, new processes, etc. He has made false allegations against the Directors and other Managers as well.
Kindly guide me on the grounds on which we can take action and if we can terminate him.
Please reply.
From India, Mumbai
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I would like to ask, can we terminate a Manager who had 2 affairs in our office and both the employees (Executive) have given written complaints against him? When we received the first complaint saying that he is mentally harassing as he is carrying on with another employee, the company gave him a verbal warning as it was a consensual relationship and not covered under POSH. Now, we have received a second complaint from another employee stating that he cheated her and also disclosed information about the company, new processes, etc. He has made false allegations against the Directors and other Managers as well.
Kindly guide me on the grounds on which we can take action and if we can terminate him.
Please reply.
From India, Mumbai
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Hi! Look at your labor laws and the internal rules and regulations of the company covering the matters that you mentioned. Then act correspondingly based on them. Best regards.
From Philippines, Parañaque
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104From Philippines, Parañaque
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Yes, you can. However, you need to take the proper steps. The first thing is to issue a suspension and revoke all his data access and right to files.
You need to speak to your lawyer to see if this is a criminal case. If your directors wish to pursue it, then file an FIR.
Next, you need to initiate a domestic inquiry both under the standing orders and under POSH, and proceed accordingly. Termination is an acceptable penalty for the misconduct you claim he is guilty of. Ensure that the rules are properly followed in both cases, including the rules of natural justice.
From India, Mumbai
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You need to speak to your lawyer to see if this is a criminal case. If your directors wish to pursue it, then file an FIR.
Next, you need to initiate a domestic inquiry both under the standing orders and under POSH, and proceed accordingly. Termination is an acceptable penalty for the misconduct you claim he is guilty of. Ensure that the rules are properly followed in both cases, including the rules of natural justice.
From India, Mumbai
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Does so-called cheating come under sexual harassment at work? I do not think so. If you stick to the cheating element, I do not think there is any case.
Can a company file a case for cheating in terms of a relationship with the employee based on the allegation of an employee? It is better if the concerned female employee takes action against him if required.
It is better to start proceedings under the Prevention of Sexual Harassment Act, and based on the report of the internal committee, you can take necessary steps.
From India, Kolkata
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Can a company file a case for cheating in terms of a relationship with the employee based on the allegation of an employee? It is better if the concerned female employee takes action against him if required.
It is better to start proceedings under the Prevention of Sexual Harassment Act, and based on the report of the internal committee, you can take necessary steps.
From India, Kolkata
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Ritesh There is a case here of the manager revealing Comoany trade secrets and processes to an outsider (Competitor perhaps ?) I was referring to filing a case for that
From India, Mumbai
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From India, Mumbai
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I smell some artificiality in your query. You have not mentioned in what capacity of yours in the company you have asked the query.
Anyhow, false or true allegation, you will have to go through the process given prescribed under POSH. You don't have any right to straightaway terminate the manager on that count. The charge has to be proved by the accuser.
Secondly, as against the title of your query, nowhere in your description of the query have you mentioned anything about the revelation of business information of the company and to whom? Discuss if you have any proof about that.
From India, Delhi
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Anyhow, false or true allegation, you will have to go through the process given prescribed under POSH. You don't have any right to straightaway terminate the manager on that count. The charge has to be proved by the accuser.
Secondly, as against the title of your query, nowhere in your description of the query have you mentioned anything about the revelation of business information of the company and to whom? Discuss if you have any proof about that.
From India, Delhi
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The facts mentioned and the tone and tenor of the query suggest that the allegation of 'affairs' is an afterthought or invention. Prima facie, the issue appears to be something else and the POSH is being tried to get rid of the inconvenient employee.
Please let me know if you need further assistance or clarification.
From India, Kochi
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Please let me know if you need further assistance or clarification.
From India, Kochi
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Dear All,
Thank you very much for your replies.
I am working as an HR Manager in a BPO. We have a sales outbound process. The query I have raised is about our Sales Manager who had an affair with one of our employees (Executive). After some time, he started an affair with another new joiner (Executive), so the first employee complained that she can't concentrate and is not able to perform because of their actions and behavior in the office. However, it was a consensual relationship, so we have just counselled him for not engaging in such behavior in the office.
Now, we have received a complaint from the second employee (new joiner) saying that he cheated her, as they started a relationship but he hid his affairs, which she later found out about. Additionally, he is trying with another new joiner. She raised a question about how the company can stop this person from approaching new joiners for relationships. He is not using his designation power directly, but indirectly he is doing so. His actions are tarnishing the company's reputation, and no female would like to work in such an environment. On this issue, the company has decided that since it is again a consensual relationship, we can't take action on her allegations of him cheating on her.
However, the employee has also come forward with a complaint that the Sales Manager revealed some information about processes and business secrets to her. He informed her about new processes starting and that bosses would be shifting him there for 15 days. He falsely claimed that one of our branches is going to shut down due to lack of profits. He also mentioned that our Directors are taking salaries and not profits (when the previous HR left, Sales Managers used to handle Payroll, so he had access to salary data).
He promised both Executives involved in the relationships that he would take them into the new processes and assist them in call escalations if needed. He accepted favors in the form of money from them, which violates our policy.
The Sales Manager also told both Executives that another Manager is playing dirty mind games and is biased. He claimed that the Directors are biased too and would favor the other Manager for promotion. When confronted about this in front of the Director, he merely apologized.
He informed her that when the first employee submitted a written complaint, the Directors instructed him to convince her to withdraw it. However, she did not retract it. He also relayed the same message to the other employee (with whom he had a second affair), falsely implicating the Directors.
Moreover, he disclosed to both employees that the company cannot take any action against him as it is a personal matter and not official. He stated that he would make advances towards any female employees who joined the company.
I have provided a comprehensive overview of the situation. My Directors are considering termination, but it must be done in accordance with the law.
Kindly guide me on this matter.
I appreciate your guidance.
From India, Mumbai
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Thank you very much for your replies.
I am working as an HR Manager in a BPO. We have a sales outbound process. The query I have raised is about our Sales Manager who had an affair with one of our employees (Executive). After some time, he started an affair with another new joiner (Executive), so the first employee complained that she can't concentrate and is not able to perform because of their actions and behavior in the office. However, it was a consensual relationship, so we have just counselled him for not engaging in such behavior in the office.
Now, we have received a complaint from the second employee (new joiner) saying that he cheated her, as they started a relationship but he hid his affairs, which she later found out about. Additionally, he is trying with another new joiner. She raised a question about how the company can stop this person from approaching new joiners for relationships. He is not using his designation power directly, but indirectly he is doing so. His actions are tarnishing the company's reputation, and no female would like to work in such an environment. On this issue, the company has decided that since it is again a consensual relationship, we can't take action on her allegations of him cheating on her.
However, the employee has also come forward with a complaint that the Sales Manager revealed some information about processes and business secrets to her. He informed her about new processes starting and that bosses would be shifting him there for 15 days. He falsely claimed that one of our branches is going to shut down due to lack of profits. He also mentioned that our Directors are taking salaries and not profits (when the previous HR left, Sales Managers used to handle Payroll, so he had access to salary data).
He promised both Executives involved in the relationships that he would take them into the new processes and assist them in call escalations if needed. He accepted favors in the form of money from them, which violates our policy.
The Sales Manager also told both Executives that another Manager is playing dirty mind games and is biased. He claimed that the Directors are biased too and would favor the other Manager for promotion. When confronted about this in front of the Director, he merely apologized.
He informed her that when the first employee submitted a written complaint, the Directors instructed him to convince her to withdraw it. However, she did not retract it. He also relayed the same message to the other employee (with whom he had a second affair), falsely implicating the Directors.
Moreover, he disclosed to both employees that the company cannot take any action against him as it is a personal matter and not official. He stated that he would make advances towards any female employees who joined the company.
I have provided a comprehensive overview of the situation. My Directors are considering termination, but it must be done in accordance with the law.
Kindly guide me on this matter.
I appreciate your guidance.
From India, Mumbai
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Firstly, you will have to investigate (in a fair manner and without bias) the truth in allegations vis-a-vis the behavior of the Manager. If you find the allegations are true and the behavior is unbecoming, certainly you can issue a charge sheet, ask for an explanation and give him a reasonable opportunity to defend himself, conduct an inquiry, and make a proper decision. (The entire procedure of the Inquiry cannot be elaborated here).
As learned member Mr. Saswata Banerjee already pointed out, you will have to suspend his powers, etc., even to his entry in the office and all such necessary steps. It may be suggested that, for a Manager, the Company can terminate his services at any time and question why any inquiry is necessary at all. However, please note that when any person is removed with charges or stigma, he must be allowed to defend himself. Otherwise, if the termination is challenged by the Manager in any Civil Court, the Company will have a tough task to justify its action.
From India, Kolhapur
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As learned member Mr. Saswata Banerjee already pointed out, you will have to suspend his powers, etc., even to his entry in the office and all such necessary steps. It may be suggested that, for a Manager, the Company can terminate his services at any time and question why any inquiry is necessary at all. However, please note that when any person is removed with charges or stigma, he must be allowed to defend himself. Otherwise, if the termination is challenged by the Manager in any Civil Court, the Company will have a tough task to justify its action.
From India, Kolhapur
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Thank you very much for your reply, Sir.
We have already given him a chance to defend himself, and he confessed in front of one of our directors. Please guide me on the procedure we need to follow now. Should I take a signature on the document I prepared, mentioning that he was found guilty of false allegations against another manager and revealed information, or should I just keep the document in records? Can the company terminate him based on his confession, or should we only suspend him?
Please guide me.
From India, Mumbai
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We have already given him a chance to defend himself, and he confessed in front of one of our directors. Please guide me on the procedure we need to follow now. Should I take a signature on the document I prepared, mentioning that he was found guilty of false allegations against another manager and revealed information, or should I just keep the document in records? Can the company terminate him based on his confession, or should we only suspend him?
Please guide me.
From India, Mumbai
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