Misbehaviour of employee with customer

[amit jakhwal]

one employee Misbehave with one of the customer , & manager terminate him .on the petition of the customer.

a) Can MAnager do so?

b) whereas all the dues are paid upto to date(i.e, p.f ,ESI,salary)

employee filled the case agaist the company that they can,do so.with the help of union.

PLease solved my query with reference to labour law.

[YAGAY andSUN]

Well, first of all an enquiry was required to be conducted. It is well known that our behaviour depends on circumstances and there are certain trigers, emotions which controls our behaviour.  If the employee mis-behaviour only once, then, a warning was sufficient but if the employee was habitual then his termination was according to law.

Furhter, if your company has lost the customer, then, you can take the stringent actions. It could be possible that your customer misbehaved first and your employee just retaliated.

It is advisable to provide all the dues to your employee and help him to find a new job.  Try to make him emotional intelligent.  If possible, try to re-appoint him, provide him training that How to deal with difficult people.  What ever we do in our life, we just deal with people.   Our teacher teaches us, Banker do advise us in financial matters, Bus driver drives bus for us, washermen washes cloth for us, Army people do secure our country.  Now, do you expect that whether, an individual can perform all the jobs alone.  'NO'.  Therefore, being human, you should understand this fact and help others.

 Litigation do not solve any purpose, it will be the wastage of time, money and trust.   It also seems that our managers are not well equiped to handle such scenarios as they lack the basic principle of management.

One question from my side that Whether in your organisation training on behaviour aspects are being conducted or not?

Please revert.

[DR.MARIAPPAN GOVINDARAJAN]

Dear Sir, On the basis of the complaint of the customer the management may initiate disciplinary action against him. Immediate termination is not to be done. An inquiry is to be conducted and on the basis of the report of Inquiry Officer the management may take action against the employee. If it is not done the employee may rise industrial dispute. Regards, M. GOVINDARAJAN

[amit jakhwal]

First thanx to u for Repiy.@ pradeep sir

Secondly, I know some Manager are not well equipped to handle this types of situation .BUt in this case we are nt talking abt manager behaviour .its a Seprate issue form the point of this case.

In this case MAnager Terminate him & now he not want him to rejoin .He belevie that if he do so it affect its Status.

Finally ,now the situation is that employee filed the case against company that first rejoin me & then give me notice of 1 month with the help of Union. But manager not want to Rejoin him back.

please Refer me some case study related to this case  which are in the Favour of  company.

[YAGAY andSUN]

Well, you would have to check the facts and settled legal position in this matter.  Considering one or two judgments would not work.

Discuss this matter with an Advocate, who is well versed in the labour laws and accordingly he will deseminate his opinion.

AI Summary

Disciplinary procedure must include a fair inquiry before termination; failure may enable industrial dispute and reinstatement claims. Where discipline is contemplated, employers must follow a fair disciplinary procedure rather than effecting summary dismissal: conduct an independent inquiry, assess the nature and frequency of the misconduct, consider mitigating circumstances, and apply proportionate sanctions. Payment of statutory dues does not substitute for procedural fairness. Failure to hold an inquiry or follow procedure may allow the employee, with union support, to raise an industrial dispute and pursue reinstatement or other remedies.