Wrongful termination of employment (management position)

Ayush Sharma (Querist) 01 September 2013 This query is : Resolved
Hi,

I was wrongfully terminated from employment by a private multinational company. The fact of the case is as follows:

1) I was on a management position. Thus i think the labour laws are not applicable in my case

2) The company issued me a suspension letter stating that I have violated clause 20.1 and 20.2 of the code of conduct.

3) My laptop was confiscated by the company.

4) I sent a letter to the company stating that the suspension letter does not provide any specific charge against myself. I also asked the company to provide the copy of the code of conduct (as I did not have access to the same, since my laptop was confiscated)

5) The company did not provide the copy of the code of conduct and sent another letter stating that (a) I had traveled on a personal holiday with a company vendor and (b) This may have resulted in my acting in a prejudice manner while conducting an inquiry in alleged over-invoicing by the vendor. I was called for meeting on the next day of receipt of this mail.

6) Inspite of short notice I went for the meeting and presented (a) Copy of my credit card statement proving that the cost of above trip was borne by myself and (b) submitting that the since the case of over invoicing by the vendor was initiated and discovered and escalated by myself only, the charge of prejudiced is not tenable.

7) The CEO in the meeting said that i need to resign otherwise the termination letter is ready with them

8) I refused to resign and they terminated myself after a few days.

9) As per my employment contract with the company, they can terminate myself (a) without cause with 1 month notice or (b) in case of misconduct without any notice

10) My termination was under clause (b)

Now based on above facts my questions are as follows:

a) Can I challenge the termination? as the principals of natural justice was not followed and the company acted in a prejudiced manner.

b)Will section 14 (1) b of specific relief act applicable on this case.

c) Can i take any other legal Acton against the company?

Please help.

Thanks,

Ayush

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Sudhir Kumar, Advocate Online

(Expert) 01 September 2013
confiscated laptop?

whether it was your property or company's.

It is vital.

Sudhir Kumar, Advocate Online

(Expert) 01 September 2013
in your case prima-facie it appears that there is no proper inquiry or chargesheet.

Meet a labour law lawyer with relevant papers and copy of the standing orders of the company

Ayush Sharma (Querist) 01 September 2013

Thanks for your reply.

The laptop was company property. This is relevant fromthe point of view of the fact that I was not able to access the copy of code of conduct which is necessary for proper defense.

The problem is that the protection under labour law may.not be available as I was on management position

Also as per section 14 (1) b of the specific relief act, a contract of personal service is not enforceable.

Is there any other recourse available to me?

Thanks

R.K Nanda (Expert) 01 September 2013
meet lawyer personally.

Rajendra K Goyal (Expert) 01 September 2013
Meet some labor law expert lawyer with all documents, even if you are from management side. It appears that Principal of natural justice were not followed in your case.