Hi,
I fall under the Factory Act. A misconduct of theft was committed by one of my employees, against whom a customer has lodged a written complaint. In response, the company's management issued a show cause notice to the employee, followed by a charge sheet, and a departmental inquiry is currently underway. Upon learning of this, the employee, acting alone, approached the union. While continuing to work, he is displaying rude behavior towards management representatives, using foul language, working slowly, as instructed by the union representative. This situation amounts to harassment, with the employee also actively encouraging others to join the union, despite his brother being employed in the same organization but not being a union member.
Please advise on the actions that can be taken against the employee, as his actions are creating a tense atmosphere within the company. I have previously issued several letters regarding his uninformed absenteeism, slow work pace, and use of a mobile phone during working hours. Additionally, he frequently takes breaks to refill his water bottle and visits the toilet around 10-15 times.
Kindly suggest appropriate steps to address the situation until the outcome of the inquiry is determined.
From India, Mumbai
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I fall under the Factory Act. A misconduct of theft was committed by one of my employees, against whom a customer has lodged a written complaint. In response, the company's management issued a show cause notice to the employee, followed by a charge sheet, and a departmental inquiry is currently underway. Upon learning of this, the employee, acting alone, approached the union. While continuing to work, he is displaying rude behavior towards management representatives, using foul language, working slowly, as instructed by the union representative. This situation amounts to harassment, with the employee also actively encouraging others to join the union, despite his brother being employed in the same organization but not being a union member.
Please advise on the actions that can be taken against the employee, as his actions are creating a tense atmosphere within the company. I have previously issued several letters regarding his uninformed absenteeism, slow work pace, and use of a mobile phone during working hours. Additionally, he frequently takes breaks to refill his water bottle and visits the toilet around 10-15 times.
Kindly suggest appropriate steps to address the situation until the outcome of the inquiry is determined.
From India, Mumbai
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Dear Dharam,
As you have mentioned that an inquiry is ongoing, you can expedite the investigation and terminate the individual if found guilty.
Considering the multiple warning letters that have been issued to him, you may assess his performance in writing. If his performance is unsatisfactory, provide him with a period of 3 months to show improvement. If his performance does not improve within this timeframe, you are then justified in terminating his employment.
Thank you.
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384As you have mentioned that an inquiry is ongoing, you can expedite the investigation and terminate the individual if found guilty.
Considering the multiple warning letters that have been issued to him, you may assess his performance in writing. If his performance is unsatisfactory, provide him with a period of 3 months to show improvement. If his performance does not improve within this timeframe, you are then justified in terminating his employment.
Thank you.
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Employees, when cornered, always join the union.
Here, the first important thing is to complete the inquiry quickly following principles of natural justice. Do not allow delays and adjournments, etc. Document all the acts of misbehavior of employees - late coming, foul language, etc.
You can issue further warnings, etc., but then employees will try to project these issues as witch-hunting. The inquiry needs to be completed fast. Adequate punishment can be given if evidence is found in the customer's complaint, which can easily include dismissal. The environment of the factory and likely union reaction can be factored in.
From India, Pune
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Here, the first important thing is to complete the inquiry quickly following principles of natural justice. Do not allow delays and adjournments, etc. Document all the acts of misbehavior of employees - late coming, foul language, etc.
You can issue further warnings, etc., but then employees will try to project these issues as witch-hunting. The inquiry needs to be completed fast. Adequate punishment can be given if evidence is found in the customer's complaint, which can easily include dismissal. The environment of the factory and likely union reaction can be factored in.
From India, Pune
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Dear Dharam,
It would have been better for the readers to understand the entire problem in a right perspective had you explained the circumstances leading to the complaint of theft against the employee by an outsider, viz., the customer. Whether the complaint of theft was name-specific or general without specifying any one of your employees? Have you conducted any discreet preliminary enquiry into the complaint before charge-sheeting the particular employee? If there was prima facie evidence, what prevented you from placing the employee under suspension pending enquiry? Theft is a serious allegation casting aspersion on one's character, and it might have caused a serious and negative impact on his normal behavior. Your allusion to his sudden union membership after being charge-sheeted is indicative of your organization's ill-disposition towards the union of employees, and it could have been reflected by the superiors or supervisors who directly handle the employee every day. There is no smoke without fire. No management would tolerate such freaky misbehavior of an employee who is facing a definite charge of misconduct and ask for suggestions from outsiders. I suspect that something fishy behind the complaint and to cover up this, the particular employee has been made a scapegoat - only the wearer knows where the shoe pinches!
From India, Salem
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It would have been better for the readers to understand the entire problem in a right perspective had you explained the circumstances leading to the complaint of theft against the employee by an outsider, viz., the customer. Whether the complaint of theft was name-specific or general without specifying any one of your employees? Have you conducted any discreet preliminary enquiry into the complaint before charge-sheeting the particular employee? If there was prima facie evidence, what prevented you from placing the employee under suspension pending enquiry? Theft is a serious allegation casting aspersion on one's character, and it might have caused a serious and negative impact on his normal behavior. Your allusion to his sudden union membership after being charge-sheeted is indicative of your organization's ill-disposition towards the union of employees, and it could have been reflected by the superiors or supervisors who directly handle the employee every day. There is no smoke without fire. No management would tolerate such freaky misbehavior of an employee who is facing a definite charge of misconduct and ask for suggestions from outsiders. I suspect that something fishy behind the complaint and to cover up this, the particular employee has been made a scapegoat - only the wearer knows where the shoe pinches!
From India, Salem
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Dear Sir,
My experience shows this to be an act of desperation by the delinquent employee. The employee accused of theft, and the inquiry is in progress, may be feeling the heat. In his frustration, he becomes an activist of the union, misbehaves with senior officials, and creates/spreads disaffection, perhaps under the impression that this would compel management to bail him out. This is the time for Management to react and show that the limits of tolerance have been breached. One step could be to expedite the inquiry, secondly to consider suspending him, and a second disciplinary action could be initiated.
From India, Mumbai
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My experience shows this to be an act of desperation by the delinquent employee. The employee accused of theft, and the inquiry is in progress, may be feeling the heat. In his frustration, he becomes an activist of the union, misbehaves with senior officials, and creates/spreads disaffection, perhaps under the impression that this would compel management to bail him out. This is the time for Management to react and show that the limits of tolerance have been breached. One step could be to expedite the inquiry, secondly to consider suspending him, and a second disciplinary action could be initiated.
From India, Mumbai
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Mr. KK! HR,
I don't deny such a possibility. But the extent and the nature of the misdemeanor described, his new association with the union, the so-called allegation against the union representative's instruction to do so, and the management's failure so far to muster the moral courage to place him under suspension apart from framing fresh charges on such undesirable behavior smacking of further serious misconduct in utter defiance of the rules of discipline compel one naturally to take a different perception.
If any management hesitates or fails to impose strict rules of discipline in the face of such continued misbehavior of a single employee out of its fear of retaliation by the union or others, there must be some other reasons. That's the logical conclusion for my above response. Let the poster come out with full details if he is willing.
From India, Salem
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I don't deny such a possibility. But the extent and the nature of the misdemeanor described, his new association with the union, the so-called allegation against the union representative's instruction to do so, and the management's failure so far to muster the moral courage to place him under suspension apart from framing fresh charges on such undesirable behavior smacking of further serious misconduct in utter defiance of the rules of discipline compel one naturally to take a different perception.
If any management hesitates or fails to impose strict rules of discipline in the face of such continued misbehavior of a single employee out of its fear of retaliation by the union or others, there must be some other reasons. That's the logical conclusion for my above response. Let the poster come out with full details if he is willing.
From India, Salem
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Mr. Umakanthan,
I have noticed that few employees are never members of any union. They shift allegiance to different unions as per their whims and fancies. Unions also use such employees as an excuse for taking on the management. Many managements lack the moral courage to be proactive when a union comes into the picture. Unions will bring out many skeletons from the cupboard. That could be one reason why an employee accused of theft has still not been punished or even blamed through the due process of enquiry. Hesitancy of action is visible. Only the querist can provide further details on the whole situation in his establishment. We can only make educated guesses and read between the lines. If the querist gives full facts, better advice can possibly be given.
From India, Pune
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I have noticed that few employees are never members of any union. They shift allegiance to different unions as per their whims and fancies. Unions also use such employees as an excuse for taking on the management. Many managements lack the moral courage to be proactive when a union comes into the picture. Unions will bring out many skeletons from the cupboard. That could be one reason why an employee accused of theft has still not been punished or even blamed through the due process of enquiry. Hesitancy of action is visible. Only the querist can provide further details on the whole situation in his establishment. We can only make educated guesses and read between the lines. If the querist gives full facts, better advice can possibly be given.
From India, Pune
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Very helpful inputs from the learned members to enable you to take a considered view in this case. Two factors need to be examined to nail the issue.
1) As Mr. Umakanthan pointed out whether there is evidence that can be acted upon to prove the charge of theft. It is important to prove the ownership of the property stolen, but mere complaint is not enough. If your evidence is weak, even if you dismiss him, he will in all probability be reinstated by the courts. That will be a huge embarrassment for the company.
2) If the allegations are backed by solid evidence, then expedite the inquiry and even suspend him pending inquiry if his presence is hostile to smooth functioning, but note that you have to pay him subsistence allowance during the period of suspension.
B. Saikumar HR & Labour Relations Advisor Navi Mumbai
From India, Mumbai
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1) As Mr. Umakanthan pointed out whether there is evidence that can be acted upon to prove the charge of theft. It is important to prove the ownership of the property stolen, but mere complaint is not enough. If your evidence is weak, even if you dismiss him, he will in all probability be reinstated by the courts. That will be a huge embarrassment for the company.
2) If the allegations are backed by solid evidence, then expedite the inquiry and even suspend him pending inquiry if his presence is hostile to smooth functioning, but note that you have to pay him subsistence allowance during the period of suspension.
B. Saikumar HR & Labour Relations Advisor Navi Mumbai
From India, Mumbai
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After going through the thorough matter, my opinion is as follows:
If you have sufficient proof of theft, then you can terminate him from the service after conducting a thorough inquiry. However, you also need to lodge a complaint with the local police station because theft is a recognizable offense that should be covered under Section 379 of the Indian Penal Code.
S. Shome AGM - HR & ADMIN JVL OIL REFINERY, HALDIA, WB.
From India, Kolkata
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If you have sufficient proof of theft, then you can terminate him from the service after conducting a thorough inquiry. However, you also need to lodge a complaint with the local police station because theft is a recognizable offense that should be covered under Section 379 of the Indian Penal Code.
S. Shome AGM - HR & ADMIN JVL OIL REFINERY, HALDIA, WB.
From India, Kolkata
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Dear Mr. Umakanthan,
I completely understand your thoughts and would like to elaborate on the details so the problem is understood and a logical solution is suggested by the esteemed members of this community. But before understanding the problem, a little background of my business is necessary.
I have a Retail Outlet (RO) (Petrol Pump) and I come under the Factory Act as petrol and diesel are essential commodities. A customer visited my RO to fill fuel in his vehicle worth Rs. 200, and my employee filled Rs. 200 fuel and charged him Rs. 300 on his debit/credit card. The customer is a regular at my RO, and being in a hurry on that particular day, he refused to take his customer copy of the receipt, saying he would get it on his mobile as confirmation and left the outlet trusting the reputation of my RO, as we are almost completing 60 years.
After learning from the SMS that he was overcharged, he again visited the RO and spoke to me regarding his issue, on which I called my employees, and he pointed at one of the employees who had committed the theft. I gave a chance to my employee, as if it was a mistake, please return Rs. 100 to the customer, and the matter would end there, on which he refused to agree and said he had not committed any theft. I saw the recording of the CCTV, and it clearly shows that the customer was on a bike with his daughter, and Rs. 200 fuel was filled. I recovered the Merchant copy of his swipe, which was for Rs. 300, and it was a theft, as proved by the CCTV footage, which I have also submitted.
The management then issued a Show-Cause notice to the employee, and the employee went to a union and became a member, after which he replied to my show-cause, denying the theft. I had no choice but to issue a charge sheet, and on the other hand, I have also given a written complaint to the police regarding the incident.
The enquiry is ongoing, and the employee is using tactics to harass the management in many ways, which are as follows:
1. Talking on the mobile and carrying the mobile to the Petrol Island, which is prohibited by PESO.
2. Making false allegations against the employee.
3. Scouting for his Union membership to others who are new to the employment.
4. Taking unauthorized leave and providing an ESIC registered hospital, which are false.
5. Talking rudely to the management representatives.
6. Taking frequent breaks for water, urinating, lunch, and working slowly.
7. Not accepting any letters given to him by hand.
This employee is creating a tense atmosphere at the RO. The enquiry is in progress, and I am going to depose on the next date.
What further action is suggested by you all?
From India, Mumbai
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I completely understand your thoughts and would like to elaborate on the details so the problem is understood and a logical solution is suggested by the esteemed members of this community. But before understanding the problem, a little background of my business is necessary.
I have a Retail Outlet (RO) (Petrol Pump) and I come under the Factory Act as petrol and diesel are essential commodities. A customer visited my RO to fill fuel in his vehicle worth Rs. 200, and my employee filled Rs. 200 fuel and charged him Rs. 300 on his debit/credit card. The customer is a regular at my RO, and being in a hurry on that particular day, he refused to take his customer copy of the receipt, saying he would get it on his mobile as confirmation and left the outlet trusting the reputation of my RO, as we are almost completing 60 years.
After learning from the SMS that he was overcharged, he again visited the RO and spoke to me regarding his issue, on which I called my employees, and he pointed at one of the employees who had committed the theft. I gave a chance to my employee, as if it was a mistake, please return Rs. 100 to the customer, and the matter would end there, on which he refused to agree and said he had not committed any theft. I saw the recording of the CCTV, and it clearly shows that the customer was on a bike with his daughter, and Rs. 200 fuel was filled. I recovered the Merchant copy of his swipe, which was for Rs. 300, and it was a theft, as proved by the CCTV footage, which I have also submitted.
The management then issued a Show-Cause notice to the employee, and the employee went to a union and became a member, after which he replied to my show-cause, denying the theft. I had no choice but to issue a charge sheet, and on the other hand, I have also given a written complaint to the police regarding the incident.
The enquiry is ongoing, and the employee is using tactics to harass the management in many ways, which are as follows:
1. Talking on the mobile and carrying the mobile to the Petrol Island, which is prohibited by PESO.
2. Making false allegations against the employee.
3. Scouting for his Union membership to others who are new to the employment.
4. Taking unauthorized leave and providing an ESIC registered hospital, which are false.
5. Talking rudely to the management representatives.
6. Taking frequent breaks for water, urinating, lunch, and working slowly.
7. Not accepting any letters given to him by hand.
This employee is creating a tense atmosphere at the RO. The enquiry is in progress, and I am going to depose on the next date.
What further action is suggested by you all?
From India, Mumbai
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