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Meera Verma (Service)     19 June 2018

Harassment & wrongful termination post staged inquiry

A whishtle blower in a senior position in a very reputed organsiation who highlighted the financial fraud within her own department has been terminated for "Gross misconduct & negligence of duties" post a staged investigation process ignoring all the strong evidences that were provided to the investigation panel. The employee in question had been flagging the concerns about the accused  for almost a year which were ignored by the senior most management. She had also been raising concerns of being harassed, victimised & threatened all through this time especially after her blowing the whistle but there was no action either by her senior management nor by HR to protect her. 

What can she do as she is left with nothing to lose now?



Learning

 4 Replies

kameswarao S (Head HR)     19 June 2018

As a committed and ethical employee she has done her job but as per the information provided opine that the management & the employee who is involved in the fraud are hand in glove & might be sharing the fruits.

As a senior level employee she can not approach labour department, as per my understanding the organization is a very reputed one & may be a public limited company and might have got registered with stock exchange so she can try to explore the possibility of lodging a complaint directly or through any share holder or she may opt for a legal fight. 

Regards

Kamesh

 

kameswarao S (Head HR)     19 June 2018

As a committed and ethical employee she has done her job but as per the information provided opine that the management & the employee who is involved in the fraud are hand in glove & might be sharing the fruits.

As a senior level employee she can not approach labour department, as per my understanding the organization is a very reputed one & may be a public limited company and might have got registered with stock exchange so she can try to explore the possibility of lodging a complaint directly or through any share holder or she may opt for a legal fight. 

Regards

Kamesh

 

Kumar Doab (FIN)     19 June 2018

If the Ex. Employee had engaged (while facing situation in employment) a very able Senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws… and having successful track record…. and worth his/her salt…..then the same being aware of the matter can guide further to approach appropriate forum/tribunal/court of law………..

If NO such counsel was approached then after all that has transpired and termination order is issued after inquiry then Ex. Employee may approach such counsel ASAP…and show all docs and inputs …for a considered opinion..

Kumar Doab (FIN)     19 June 2018

Inquire about such counsels at LOCAL Labor Court/CGIT, CAT, School-Educational Tribunal, NCLT,  Civil Courts, HC,SC……


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