Termination on the basis of indubordination

Nivedita (Querist) 25 May 2015 This query is : Resolved
One of the employee in my organization has been fired on the grounds of insubordination without any warning or chance to improve. What are the legal recourse this employee has. The HR policy say that there can be immediate removal from service due to insubordination.

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Devajyoti Barman (Expert) 25 May 2015
give details of the HR Policy of the your organisation.

Guest (Expert) 25 May 2015
One-sided decision is totally illegal.

Kumar Doab (Expert) 26 May 2015
Agreed with experts.

As pointed out in other threads initiated by you, you should prefer to show all docs on record to an able Labor Law Consultant/Service Matters lawyer/law firm and proceed further under expert advice of the counsel engaged by you/your establishment.

Nivedita (Querist) 27 May 2015
Dear All, the HR policy is a part of the employment terms, which says that there can be immediate dismissal in case of insubordination without any notice.

Nivedita (Querist) 27 May 2015
Dear Dhingra Sir, can you kindly let me know which law it violates ?

Guest (Expert) 27 May 2015
Ms Nivedita,

On the payroll of the company, as a MANAGER LEGAL, do you expect others to do you home work and spoon feed you completely on charity basis that too on your query of academic nature? You could better have taken appropriate hints from our brief advice to sort out your problem by taking help from the related law books.

Vagueness of your question appears to me that although you are Manager Legal working on behalf of the company, but asking for the solution for and on behalf of the fired employee, asking, "What are the legal recourse this employee has?"

However, if as a Legal Manager you are still unable to do your home work, your company can well afford to hire some additional legal consultant to help you sort out the problem, if really there be any. So, better take consultancy on payment of consultancy fee after sending complete case related documents to Shri Kumar Doab or me.

Kumar Doab (Expert) 27 May 2015
HR policy is a private policy and can't prevail upon any enactment.

Employer personally is held responsible for faithful observance of enactments/statue/instrument of law/law of the land.

Ignorance of law is no excuse.

Negligence and obsession with private policies will lead only to legal injury.