An employee in our office slapped his colleague and left the job. Being an HR Officer, I sent him a mail to report to the office within 3 days, but he did not respond to the reminder.
Kindly advise on what further action I should take in this matter. It would be very helpful if you could assist me in drafting a notice letter.
From India, Ahmedabad
Acknowledge(0)
Amend(0)
Kindly advise on what further action I should take in this matter. It would be very helpful if you could assist me in drafting a notice letter.
From India, Ahmedabad
Acknowledge(0)Amend(0)
I assume this is not a case of a workman. Issue him a notice to report on duty as he has been remaining absent without intimation and/or prior approval, which is in violation of the company's policy/rules (assuming there are explicit policies/rules in this regard) applicable to you. If you don't report by (give a specific date), it will be assumed that you have relinquished the employment, and management will take appropriate action in this matter.
Action for his misconduct of physical assault on a colleague may be dealt with separately once he reports.
From India, Mumbai
Acknowledge(0)Amend(0)
312Action for his misconduct of physical assault on a colleague may be dealt with separately once he reports.
From India, Mumbai
Acknowledge(0)Amend(0)
Physical assault in the workplace or any other place is illegal. Whatever the differences or provocation may be, these need to be handled professionally.
At this stage, you may order a domestic inquiry to investigate the incident. First, design the terms of reference for the inquiry and decide who will conduct it. After that, send an official letter to the delinquent employee to appear before the inquiry. In the letter, clearly state when and where the inquiry will be conducted and who will conduct it, etc. Send the letter by RPAD.
If the delinquent employee fails to appear before the inquiry, order the inquiry once more after a one-month period. If the employee fails to appear a second time, you may take action ex parte and terminate their services.
Larger issues:
What I have outlined is only the administrative procedure. Nevertheless, there are larger issues to be looked at. As of now, the focus is on the individual, but at the same time, we need to focus on the organization.
Why have things come to the point where an employee had to resort to physical assault? He has not only physically assaulted but also abandoned his duties. This shows his extreme frustration. Why was he frustrated?
For how long was the tension brewing? Why did it go unnoticed by the HOD, and if noticed, what steps were taken to resolve it amicably? Overall, what is the interpersonal environment in the company like? If not physical, is a verbal attack a common feature in the workplace? Has any training been conducted on fostering a healthy interpersonal environment in the company?
What about the employee in question who attacked his colleague? Was his behavior abrasive? Was he irascible? Was he counseled earlier? If yes, was the counselor professionally trained?
While it is easy to blame the delinquent employee for his unprofessional behavior, such incidents erode the credibility of the organization in the eyes of the employee. These incidents also taint the organization's culture. Therefore, steps must be taken to prevent such incidents from occurring.
From India, Bangalore
Acknowledge(0)Amend(0)
At this stage, you may order a domestic inquiry to investigate the incident. First, design the terms of reference for the inquiry and decide who will conduct it. After that, send an official letter to the delinquent employee to appear before the inquiry. In the letter, clearly state when and where the inquiry will be conducted and who will conduct it, etc. Send the letter by RPAD.
If the delinquent employee fails to appear before the inquiry, order the inquiry once more after a one-month period. If the employee fails to appear a second time, you may take action ex parte and terminate their services.
Larger issues:
What I have outlined is only the administrative procedure. Nevertheless, there are larger issues to be looked at. As of now, the focus is on the individual, but at the same time, we need to focus on the organization.
Why have things come to the point where an employee had to resort to physical assault? He has not only physically assaulted but also abandoned his duties. This shows his extreme frustration. Why was he frustrated?
For how long was the tension brewing? Why did it go unnoticed by the HOD, and if noticed, what steps were taken to resolve it amicably? Overall, what is the interpersonal environment in the company like? If not physical, is a verbal attack a common feature in the workplace? Has any training been conducted on fostering a healthy interpersonal environment in the company?
What about the employee in question who attacked his colleague? Was his behavior abrasive? Was he irascible? Was he counseled earlier? If yes, was the counselor professionally trained?
While it is easy to blame the delinquent employee for his unprofessional behavior, such incidents erode the credibility of the organization in the eyes of the employee. These incidents also taint the organization's culture. Therefore, steps must be taken to prevent such incidents from occurring.
From India, Bangalore
Acknowledge(0)Amend(0)
Here is an employee who slapped his colleague and left the job. By "left the job," I presume you mean he has been absent from duty after this incident. His action perhaps implies that he is fearing some action or feeling guilty or both.
In all likelihood, he will not return to work nor present himself for any inquiry. What options do you have? You can treat him as an absconding employee after writing to him 2/3 times to resume duty and his failure to do so. As a consequence of this, strike out his name from the muster and don't pay his dues or give him a service certificate. This action will serve as a fitting response to his aberrant behavior - absconding and slapping his colleague.
But if you are serious about teaching the culprit a lesson, try lodging a case of assault by the aggrieved employee and manage to send the police to his residence for a police inquiry. This might certainly work to address the delinquent behavior.
From India, Mumbai
Acknowledge(0)Amend(0)
In all likelihood, he will not return to work nor present himself for any inquiry. What options do you have? You can treat him as an absconding employee after writing to him 2/3 times to resume duty and his failure to do so. As a consequence of this, strike out his name from the muster and don't pay his dues or give him a service certificate. This action will serve as a fitting response to his aberrant behavior - absconding and slapping his colleague.
But if you are serious about teaching the culprit a lesson, try lodging a case of assault by the aggrieved employee and manage to send the police to his residence for a police inquiry. This might certainly work to address the delinquent behavior.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Mr. Vinayak Nagarkar,
My comments on the last paragraph of your post:
You have advised lodging a police complaint about slapping a colleague. I am a little surprised at your suggestion. Workplace fracas happens everywhere. To enforce an environment of discipline in the company, initiating disciplinary action is also fine. Nevertheless, lodging a police complaint about a slap is stretching a matter unnecessarily. For investigation purposes, police personnel may visit the company premises as well. What will other employees think when the police visit their company?
Suppose a police complaint is lodged, what will happen? Police personnel will start their investigation, and you may know that they take their time in filing a charge sheet. For a slap, it will be nothing but a huge waste of time. When the case comes for a hearing, it will take years for the court's verdict. What will the company achieve by doing all this?
Yes, we should show empathy for the victim, but lodging a police complaint is not required. The objective of running a commercial enterprise is to satisfy customers. For this, a healthy work environment is required. The objective cannot be taking on delinquent employees or settling a score with them.
These are my views.
From India, Bangalore
Acknowledge(0)Amend(0)
My comments on the last paragraph of your post:
You have advised lodging a police complaint about slapping a colleague. I am a little surprised at your suggestion. Workplace fracas happens everywhere. To enforce an environment of discipline in the company, initiating disciplinary action is also fine. Nevertheless, lodging a police complaint about a slap is stretching a matter unnecessarily. For investigation purposes, police personnel may visit the company premises as well. What will other employees think when the police visit their company?
Suppose a police complaint is lodged, what will happen? Police personnel will start their investigation, and you may know that they take their time in filing a charge sheet. For a slap, it will be nothing but a huge waste of time. When the case comes for a hearing, it will take years for the court's verdict. What will the company achieve by doing all this?
Yes, we should show empathy for the victim, but lodging a police complaint is not required. The objective of running a commercial enterprise is to satisfy customers. For this, a healthy work environment is required. The objective cannot be taking on delinquent employees or settling a score with them.
These are my views.
From India, Bangalore
Acknowledge(0)Amend(0)
Dear colleague,
If you care to read correctly, my first preference of action is on the lines proving him an absconder. The second part is only suggestive to create some fear in his mind and not to see its end. Besides, the complaint has to be lodged by the aggrieved if he chooses to and not by the company. Your advice of conducting a domestic enquiry will turn out to be farcical as believing that the delinquent will attend the inquiry is the remotest possibility since he has made up his mind to quit. You have misread my statement and commented on things not meant by me.
From India, Mumbai
Acknowledge(0)Amend(0)
If you care to read correctly, my first preference of action is on the lines proving him an absconder. The second part is only suggestive to create some fear in his mind and not to see its end. Besides, the complaint has to be lodged by the aggrieved if he chooses to and not by the company. Your advice of conducting a domestic enquiry will turn out to be farcical as believing that the delinquent will attend the inquiry is the remotest possibility since he has made up his mind to quit. You have misread my statement and commented on things not meant by me.
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Company Letter for Completion 01 Month Notice.docx