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Arbind Kumar (Job)     23 December 2010

Is this the right punishment?

Hi all,

Need your legal advice/solution as one of my friend asked. (his word):


"I just wanted to share an incident happened in my company which involved my friend and wanted to your opinion whether the punishment is right?

I work in one of the TIER-1 software company, 2 of my friends (boy and girl) had a heated conversation which resulted in the boy slapping the girl. This incident took place in cafeteria. They knew each other for past 5 year, so the boy apologies her and she left the incident and didn’t make any complaint. But 2 of associate who were present in the cafeteria complained it to the HR. HR called both of them and asked them to write apology letter stating the incident to avoid punishment. The boy wrote that he slapped once and the girl wrote that she pinched the boy so he slapped her. Upon getting the letter they asked both to leave.

Next day they called and told that they have been terminated. Is this the right punishment? They have only 10 months of experience. How will they get a job with that? They can’t even apply
as fresher since they are 2009 pass outs.

When that girl questioned her termination HR simply said that you have given a written statement of pinching him so we are terminating you and the boy for slapping you. My seniors and managers feel that they are hard done. Now the girl is sitting at home with her future in doubt.

As, they were selected through campus placement and were in probation period.

As the HR person had provided them a company HR policy as mentioned in their code of ethics document we must never tolerate:

 Discriminatory conduct, abuse of authority, or harassment of any kind, including that of a s*xual nature. We must also refrain from making jokes, slurs or other remarks that are about race, color, religion, gender, age, national or ethnic origin, s*xual orientation, marital status, disabilities or veteran’s status or are of a s*xual nature that can encourage or create an offensive or hostile environment.

 Implicit or explicit verbal threats, intimidation or violence.

Both of their managers and senior associates spoke in favor of them and asked the HR to warn them but in order to prove their authority over managers they took it as a ego clash and spoiled 2 people life’s. This is what my manager told. Since HR rules all the policies managers were helpless in this matter.
Both of them got appreciation from their managers in very short time compared to their fellow batch students. In fact that guy worked from morning to next day morning to fix a critical issue for that he got appreciation from many seniors’ associates."


Thanks and regards

Arbind Modi

Manager-PM Dimensions

Gandhinagar, Gujarat

Contact no. +91-9723958951


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