Termination
anjali
(Querist) 30 April 2016
This query is : Resolved
hello
I am a female working as senior manager with a corporate organisation .My reporting manager is a very incompetent and insecure person .He behaviour with colleagues and subordinates is aggressive and not professional .He spoke to me abruptly for no reason and shouted .This was reported to senior management ,No response from them .The mental harassment increased at workplace and finally he asked me to resign ,I refused to do so and later the management sent a termination letter .Management never communicated performance parameters ,notice or extension of probation ,But was mentioned in termination letter . My career is spoiled because of personal reason of one person .Need advice to go about on this matter
Kumar Doab
(Expert) 30 April 2016
>>> You have not given complete information.
While initiating such threads querist/employee should post full facts e.g;
What is this establishment; Commercial/Industrial?
What is its line of business?
What was your designation and nature of duties as in appointment letter and in practise?
You were located in which state?
The Redg.,reporting,HO was in which state?
What was last drawn salary?
The relevant extracts from appointment letter and all rules/policies mentioned in appointment letter, standing orders should be posted.
>>> Do you have any evidence of misbehavior, shouting, demand of resignation (audio/visual/minuted/witnessed)?
>>> Do you have a copy of appraisals?
>>> Was any stinker, memo, show cause notice ever issued to you?
>>> What is mentioned in termination order.............performance parameters ,notice or extension of probation?
>>> Do you have a copy of complaint lodged by yo and its POD?
If NO opportunity of Natural Justice is provided then it can be a defense.
If your career is spoiled then the remedy is to prove the termination order as bad and let it be called back!
There are decisions even from apex court/Supreme Court of India in matters involving Senior Executives rendering the termination order as bad and ordering to reinstate with full consequential/back wages.
However the merits and options in your case should be duly examined.
You may also show the appointment letter and all rules/policies mentioned in appointment letter, standing orders to an able counsel specializing in labor-service matters.
Rajendra K Goyal
(Expert) 30 April 2016
Author need to provide information asked by the expert.
anjali
(Querist) 03 September 2016
Sir kumar doab ji / Rajendra ji
please provide me mail id so that I can send the relevant documents .would be thankful if you see them and suggest accordingly
Kumar Doab
(Expert) 03 September 2016
Author @ Anjali,
I am not available for lengthy/voluminous discussion by email, on queries posted in threads.
You may post the objective information, in this thread.
You might have approached an able counsel specializing in labor-service matters, in last 4 months.
What is the opinion of your counsel!
anjali
(Querist) 04 September 2016
I counselled a lawyer he has sent notice for my salary,but no response from organisation .Filed a civil suit for reversal to biased termination ,re-employment and payment of salary stamp duty of almost 80000/-
Kumar Doab
(Expert) 04 September 2016
You have not replied to all point, pointwise.
Hope you have consulted a counsel specializing in service matters.
