suresh kumar 28 August 2018

Disciplinary action against employee

Dear Seniors,

One of our employee was watching p*rn sites during working hours and was caught by company CEO. In this view can that employee be terminated with immediate effect and if so what consequences have to be faced by the company if employee approaches labour dept.stating that he was illegally terminated from services. Only CEO & Accounts Manager caught him watching p*rn and no other staff was available there as all of them went to have their lunch.

Regards,

Suresh

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2 Replies

Adv Deepak Joshi +917017821512 (Advocate) 28 August 2018

Dear querist,

If employee was watching p**n on system then browsing history can be used as evidence, from IP address history can be obtained.

In case of any CCTV installed, recovering will conform if any of the above evidence is present then testimony of the CEO and Account manger will be sufficient for ground for dismissal.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

suresh kumar 29 August 2018

Dear Sir,

Thank you for your reply. We dont have IT Dept. in our company and also no CCTV installed. After watching if the employee has removed the history then how come we trace out the proofs if he approaches labour dept that he was illegally terminated. As no photos were taken while he was viewing those sites.

Regards,

Suresh