Whether the termination order of a probationer casting aspersions against him/ her requires a disciplinary hearing before such termination?
From India, New Delhi
418From India, New Delhi
Dear Colleague,
Probationers are those who are recruited against a permanent vacancy in any company and will get the permanency on completion of the required Probation. Any disciplinary action that is taken for any type of misconduct or non-performance requires a Disciplinary process by calling for enquiry and a direct enquiry by an independent enquiry officer. Then issue appropriate order as per your certified standing order or code of conduct as applicable. If this step is missed out, then later there is every chance that the probationer gets reinstatement for non-adherence of the process. Hence it is always better to comply the process. There may be clauses that " your services may be terminated during the probation without assigning any reasons by the Management" and so on; it is very arbitrary clause that may be questioned by Courts if dispute arises.
From my practical experience, I strongly recommend to adhere to the process considering future complexities that might arise.
From India, Chennai
Probationers are those who are recruited against a permanent vacancy in any company and will get the permanency on completion of the required Probation. Any disciplinary action that is taken for any type of misconduct or non-performance requires a Disciplinary process by calling for enquiry and a direct enquiry by an independent enquiry officer. Then issue appropriate order as per your certified standing order or code of conduct as applicable. If this step is missed out, then later there is every chance that the probationer gets reinstatement for non-adherence of the process. Hence it is always better to comply the process. There may be clauses that " your services may be terminated during the probation without assigning any reasons by the Management" and so on; it is very arbitrary clause that may be questioned by Courts if dispute arises.
From my practical experience, I strongly recommend to adhere to the process considering future complexities that might arise.
From India, Chennai
If he is a probationer, then he can be removed without cause (at least most appointments are on those terms)
So I have no idea why you wish to create problems for your self in putting details and casting aspersions on the person in the termination letter. Why not just have a simple termination as per terms of the appointment letter and close the matter.
If you are doing something out of spite, then yes, you will have to face the music.
In such cases, you better follow Dr. Siva's suggestions
From India, Mumbai
So I have no idea why you wish to create problems for your self in putting details and casting aspersions on the person in the termination letter. Why not just have a simple termination as per terms of the appointment letter and close the matter.
If you are doing something out of spite, then yes, you will have to face the music.
In such cases, you better follow Dr. Siva's suggestions
From India, Mumbai
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