Person A and Person B are friends and work in same company, Person A does some work for his another friend C who has a own company. Person B helps in taking prints and courier which is a home business of person B's wife and takes money though person A. The company states Person A and Person B are running a parallels business considering the gmail communication and whatsapp chat of A&B or A&C. Person C gives a regular business to B's Wife for printing , data entry works and pays to her account. The person B company auditor reads his wife account and says Person B runs a parallel business in her name.
From India, Chennai
From India, Chennai
The company is terminating both the employees A&B for doing business with person C and favoring person B wife. Is that fair?
From India, Chennai
From India, Chennai
Dear member,
Your post provides details of commercial activities by the employees beyond their normal duties, you have not mentioned whether those activities created a conflict of interest. If the commercial activities had no bearing whatsoever on the business of the company, then I don't think that the company would have terminated employees A and B.
You have written: The company states Person A and Person B are running a parallel business considering the gmail communication and WhatsApp chat of A&B or A&C.
But how could the company authorities or auditors access Gmail communication or WhatsApp chat among A, B and C? Such activities are done surreptitiously and utmost care is taken to avoid blowing up these matters.
Before terminating the services, did the company conduct a domestic enquiry? Were the employees given a chance to defend their case? Did the company suffer losses due to clandestine commercial activities by A and B? If yes, did the enquiry officer acquire incontrovertible evidence?
There are many questions associated with your post. Please clarify.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Your post provides details of commercial activities by the employees beyond their normal duties, you have not mentioned whether those activities created a conflict of interest. If the commercial activities had no bearing whatsoever on the business of the company, then I don't think that the company would have terminated employees A and B.
You have written: The company states Person A and Person B are running a parallel business considering the gmail communication and WhatsApp chat of A&B or A&C.
But how could the company authorities or auditors access Gmail communication or WhatsApp chat among A, B and C? Such activities are done surreptitiously and utmost care is taken to avoid blowing up these matters.
Before terminating the services, did the company conduct a domestic enquiry? Were the employees given a chance to defend their case? Did the company suffer losses due to clandestine commercial activities by A and B? If yes, did the enquiry officer acquire incontrovertible evidence?
There are many questions associated with your post. Please clarify.
Thanks,
Dinesh Divekar
From India, Bangalore
This looks like someone has got a case study for homework and is trying to get it solved...
From India, Mumbai
From India, Mumbai
The termination is a process to eliminate an employee found guilty of conducts by violations of set rules or misconduct. The Auditor report can be a reason but should be falls under Misconduct and employer must establish that employee is guilty of charges framed. The termination can't happen as an immediate action by levelling bogus charges, are fall under unfair & illegal.
Is termination legal or illegal you decide by yourself now?
From India, Mumbai
Is termination legal or illegal you decide by yourself now?
From India, Mumbai
First of all the poster 'Silkthread' didn't pose any questions to us asking us to suggest a solution. And how an Auditor found this out and went into "investigating?" their eMail a/cs looks amiss. Simply looks like a case study. My impressions, in small establishments such favours towards side businesses of employees are often seen. And such kind of xeroxing, printing jobs getting done outside are seems to be petty thing unless business information are shared outside. In the recent past big corporates notified some employees using the advantages of WFH doing jobs for others termed 'moon lighting'& were issued warning mails and as a result many have been called back to report in office premises cancelling 'WFH' model. Probably in this case also A,B,C and wife all together indulging in a 'domestic office' set up for extra income. Having come to know of this nexus the employer have to examine what exactly going on between them detrimental to their own business interests due to their colluding secretly or openly and then plan a strategy to tackle.
From India, Bangalore
From India, Bangalore
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