Court Settles Dispute Over Employee Dismissal.
22 December 2023
Industrial Law >> Business & Commercial Law | Employee Related >> Corporate Law | Disciplinary Proceedings >> Workplace/ Professional Related
A recent court judgement has settled a dispute regarding the dismissal of an employee. The employee (hereafter referred to as the Workman) challenged their termination before the Industrial Tribunal (IT) after being fired for threatening co-workers and disrupting work.
The Case:
The Workman faced disciplinary action for threatening colleagues and obstructing them from performing their duties, leading to production loss. An internal enquiry was conducted to investigate these charges. The IT delivered a split verdict – upholding the fairness of the enquiry (Part-1 award) but deeming the dismissal penalty too harsh (Part-2 award).
Two Writ Petitions:
The Workman filed a writ petition (No. 14018/2022) contesting the enquiry's fairness, while the employer (the Company) filed a counter-petition (No. 992/2022) arguing for the legitimacy of the dismissal.
Conclusion:
The court dismissed the Workman's petition due to a significant delay in filing, with the provided explanation deemed inadequate. Conversely, the court ruled in favor of the Company's petition. The court reasoned that:
- The accusations against the Workman were clear, and the enquiry process was fair.
- Threatening co-workers to impede their work constituted serious misconduct.
- The Workman's past record became irrelevant given the severity of the confirmed offense.
- The dismissal penalty imposed by the Company was justified and proportionate to the proven misconduct.