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My job has been terminated on false grounds what can be done
19-Jul-2023 (In Labour & Service Law)
I was working for National health Mission, Odisha as a contractual employee. On 31.03.2015 the persons working with me are debuted to a new organization namely Odisha medical Corporation but on the same day myself and two others was issued a false show cause notice for miss behavior to seniors. I have submitted my expectations in time but no decision has been taken for many months. But on 30.11.15 I was issued a letter that my job is not required because Odisha medical corporation doesn't need man power. Where as I'm the most qualified and experienced person among them who are working there
A. Generally, employees would be terminated based on misconduct, disobedience, fraud, misappropriation and breach of contract etc.,
B. Before termination of any employees that employer must give an opportunities to the employee under the right to a fair hearing (Audi alteram partem, or "hear the other side") of the principles of Natural Justice which is confirmed and guaranteed under the Law. In case, Notwithstanding your performance is not up to their mark itself that they have to give one more opportunity to you to correct the same and your reporting manager also liable to for nonperformance under vicarious liability and he has bounden duty to tinker the same by delivering suggestions.
C. In any companies, there is ample procedures during the conduct of yearly, half yearly and quarterly appraisal and it must be follow the company rules and regulation which is available under the established policy. Once your reporting manager send the appraisal report after the hearing from your side that the review officer or manager shall analysis the same and consider the reporting manager's rating and clinch the same by modifying subject to additional analysis.
D. As you said, there was no any opportunity conferred to you to defend and reply against their allegation. So it is completely against to principles of natural justice. Therefore, you can challenge the termination order and claim the compensation and damages for mental agony and illegal termination. You have all the rights and better issue a legal notice to the employer i.e., reporting Manager, HR Department and Review officer. Subsequently, if no use or reply from the employer, you can approach the Court of Law.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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