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krishnarajpr (n/a)     13 May 2008

Not satisfied with an employee

Dear Sir,

An employee  has been terminated and reinstated as per courts order 10 years ago. All these years after reinstatement, he has not been co operative and has not been doing any workds even assigned.

Now, the company is not interested to keep him in employement. Is there any way out for the company to proceed against him legally to terminate the said employee.



Learning

 4 Replies

Ajay kumar singh (Advocate)     13 May 2008

The service of the employee should not be terminated directly.He should be given an opportunity to show cause why his service should not be terminated for his professional misconduct.If he does not reply satisfactorily and does not mend his ways,further step may be taken for termination

H. S. Thukral (Lawyer)     13 May 2008

The employee is giving you ample opportunity to sack him. If he is not doing assigned work give him chargesheet, hold an inquiry and show him the way.
In such cases loss of faith is a ground to resort to termination simpliciter but because he has been sacked once and reinstated on the basis of termination being held illegal, it will be easier for him to prove victimisation, vindictivity or malafide in resorting to termination simpliciter. An inquiry in to charges would be imperitive in this case.

Lt Col atultyagi (management)     14 May 2008

The law appears favouring the culprits in such situations however it is not so. You got to be adopting a focussed and concentrated approach in such situations which happen a few times. please give him tasks in writing in normal fashion in front of few reliable people whom you can trust. please give him verbal councel follwed by written councils. You may have to be patient and take a slightly circuitous route but the one which doesnot smack of bias & prejudice. You have to allot the work in front of reliable persons & keep evidence consolidated which is most important before contemplating asking for show cause & charge sheet.Adhere more to the procedures in such cases. U will succed.

krishnarajpr (n/a)     15 May 2008

Thank you very much my seniors. Let me take up your suggestions and do something on this.

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