I think you may call the employee and get an undertaking from him that he had indeed been abusive and used filthy language.That he repents his action and apologises if his job can be saved .Thereafter on humanitarian grounds the management may forgive him and give him one last chance to improve his conduct.
From India, New Delhi
104From India, New Delhi
Dear Mr S.Manohar,
In a short time a plethora of excellent postings have appeared from the learned members.
May I present my views as under.
When seen from a priority and safety point of view,it has to be
ensured that the recorded enquiry proceedings are on a fair and firm footing.
It should be robust to withstand a possible legal battle in future.
Apart from enquiry proceedings is there a Standing Order that provides for the punishment of Dismissal?
Has the employee been given a copy of the standing order when he joined or were the
contents explained to him in a formal training session or during induction.
I am not sure whether this is mandatory by Law.
Having ensured the above, comes the punishment aspect of the case.
The management may take the call taking a overall view.
This could be, in addition whatever suggestions already made, a demotion or a stopping an increment
or as deemed appropriate. This via media ensures two things.
Punishment awarded to the guilty.
Sympathetic consideration has taken place.
V.Raghunathan..................................... ................................ Navi Mumbai
From India
In a short time a plethora of excellent postings have appeared from the learned members.
May I present my views as under.
When seen from a priority and safety point of view,it has to be
ensured that the recorded enquiry proceedings are on a fair and firm footing.
It should be robust to withstand a possible legal battle in future.
Apart from enquiry proceedings is there a Standing Order that provides for the punishment of Dismissal?
Has the employee been given a copy of the standing order when he joined or were the
contents explained to him in a formal training session or during induction.
I am not sure whether this is mandatory by Law.
Having ensured the above, comes the punishment aspect of the case.
The management may take the call taking a overall view.
This could be, in addition whatever suggestions already made, a demotion or a stopping an increment
or as deemed appropriate. This via media ensures two things.
Punishment awarded to the guilty.
Sympathetic consideration has taken place.
V.Raghunathan..................................... ................................ Navi Mumbai
From India
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1.12.09 dismissal 13.02.08 appeal.doc
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