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gunsha (n/a)     19 January 2008

Query

Dear All,

 

Please advice on the following:

A Manager in an organization is fired on the issues of his offensive and derogatory behaviour wth the female employees in the office. But, he claims that apart from the current months salary, the Management pays him the additional 1 months notice period salary as well and also the variable pay from the time of his joining the Company; i.e. the total amount coming upto Rs. 1 lakh approx.

 

The person is terminated on integrity issue. But in view of the attitude and claims of the employee, what can the Management do? Is litigation the only solution?

 

Please suggest.

 

Regards,

Gunsha


Learning

 4 Replies

Prakash Yedhula (Lawyer)     19 January 2008

In case he is terminated on disciplinary grounds, he is not entitled for the claim. However, in case you have asked him to voluntarily quit wihtout any disciplinary proceedings, then it would been better to get a full and final settlemt agreement.

In any case, it is better to avoid litigation and settle the case with the person.

A bad settlement is always better than a good judgment.:cool::cool:

gunsha (n/a)     19 January 2008

Dear Sir,

 

Thank you so much for the prompt reply.

Sir, Please advice further on the following:

 

The management wanted to settle the issue harmoniously but he is again and again writing strong mails stating that the appointment letter states that he is entitled to all such claims. Second, that the management did not involve him in the investigation; hence, he is arguing that the management fabricated the matter. To add to the trouble of the management, it does not have written proof of the complaints against the manager and it cannot force the female employees to give complaints in writing.

Now, the management has decided to send him an LOT through mail giving refrence of the appointment letter.

 

Sir, its a mess. Please advice.

 

Regards,

Gunsha

Prakash Yedhula (Lawyer)     19 January 2008

In case you are not able to prove the charges against the Manager, then the termination is bad. Hence it is better to pay him according to the terms of the notice period. Because in case he challenges the termination order in a court, the chances of your succes in the case in bleak in the given circumstances. In any case do consult a local lawyer.

gunsha (n/a)     19 January 2008

Dear Sir,

 

Thank you so much. You are a Great Help :) :)

 

Best Regards,

Gunsha

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