An employee went on leave without informing HR and the reporting manager. The disciplinary process has resulted in his release. The employee did not complete the exit formalities and is not ready to return company assets. He is asking for a full month's salary and treatment expenses, as well as a retrenchment bonus for his depression. What should be done in such a case?
From India, Mumbai
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From India, Mumbai
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Dear Jyotsna Giri,
An employee in your company abandoned his duties. Upon his abandonment, your company "released" him from his duties. However, before releasing him, did you conduct the domestic enquiry? If not, then did you issue him a show-cause notice? What was his reply?
Probably, your company has given short shrift to provisions of the Industrial Standing Order Act. His peremptoriness is because of this shortcut.
Mental depression can happen because of many reasons. How can he attribute it only to his work activities? Any kind of leniency will send a wrong signal to all other employees, and it could become just a trend to abandon the duties and then raise quaint claims.
You can write to him that all the claims have no legal validity, and he must return the company's assets. If he refuses to do so, a police complaint will be filed against him. He should be prepared to face the consequences.
Thanks,
Dinesh Divekar
From India, Bangalore
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8227An employee in your company abandoned his duties. Upon his abandonment, your company "released" him from his duties. However, before releasing him, did you conduct the domestic enquiry? If not, then did you issue him a show-cause notice? What was his reply?
Probably, your company has given short shrift to provisions of the Industrial Standing Order Act. His peremptoriness is because of this shortcut.
Mental depression can happen because of many reasons. How can he attribute it only to his work activities? Any kind of leniency will send a wrong signal to all other employees, and it could become just a trend to abandon the duties and then raise quaint claims.
You can write to him that all the claims have no legal validity, and he must return the company's assets. If he refuses to do so, a police complaint will be filed against him. He should be prepared to face the consequences.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear colleague,
Before venturing to reply to your query, please clarify the following:
1. What is the category of the employee concerned - workman, supervisor, or manager?
2. Were you aware of his suffering from depression and that he was under the treatment of a qualified psychiatrist prior to his absence from duty?
3. Was his absence due to depression? What is the basis for linking it to depression?
4. Before releasing him from services, was the proper disciplinary procedure followed - show cause notice/chargesheet, domestic inquiry, etc.?
5. Were the charges proved in the inquiry?
It appears that, based on the query, actions have been taken disregarding established principles of natural justice.
To answer your query without knowing all the facts fully would display ignorance.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Before venturing to reply to your query, please clarify the following:
1. What is the category of the employee concerned - workman, supervisor, or manager?
2. Were you aware of his suffering from depression and that he was under the treatment of a qualified psychiatrist prior to his absence from duty?
3. Was his absence due to depression? What is the basis for linking it to depression?
4. Before releasing him from services, was the proper disciplinary procedure followed - show cause notice/chargesheet, domestic inquiry, etc.?
5. Were the charges proved in the inquiry?
It appears that, based on the query, actions have been taken disregarding established principles of natural justice.
To answer your query without knowing all the facts fully would display ignorance.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
The queries from the seniors are perfectly correct. The question itself is very ambiguous. You are stating that the employee went on leave without intimation, do you consider it as leave when no intimation. Further saying, as a disciplinary process released him, what is the process followed, what kind of process, does it adhere to the company rules, service conditions, etc., need to be seen.
Requesting other querists also, while writing for clarifications in this forum and expecting a valid response from seniors, you need to give full details. Then only the answers will be clear and meet the purpose of this forum. Also, this will be useful for other HR enthusiasts.
From India, Hyderabad
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Requesting other querists also, while writing for clarifications in this forum and expecting a valid response from seniors, you need to give full details. Then only the answers will be clear and meet the purpose of this forum. Also, this will be useful for other HR enthusiasts.
From India, Hyderabad
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