Hi, Is there is any option for an employee to keep his own lawyer, while a company conducts and internal enquiry regarding his/her misconduct?
From India, Chennai
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From India, Chennai
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The principle of natural justice must be followed. Normally, the standing orders of the company provide a clause prohibiting any lawyer from appearing for management or for delinquent workmen. In the absence of any clause in the standing orders, if you allow a lawyer to represent the management, then you should give a similar chance to the delinquent workmen to be represented by their lawyer. Failing to do so will result in the entire inquiry proceedings being vitiated.
From India, Madras
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320From India, Madras
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Dear, submit your request to the Enquiry Officer.Further you can take the assistance of your Co Employee to assist in the Enquiry
From India, New Delhi
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From India, New Delhi
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Generally, the employee is not entitled to take the service of a lawyer for his defense in disciplinary proceedings. However, the disciplinary authority can permit the employee to seek the assistance of a legal professional if the alleged misconduct involves legal issues, especially when the employer itself engages a lawyer to present its case.
From India, Kochi
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From India, Kochi
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