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Dismissal from job without assigning any reason
17-May-2023 (In Labour & Service Law)
My father was an employee of a joint venture between a public sector unit and a foreign company about 3 years ago. The performance of the company had been down and still is after 3 years. His immediate boss and him had several arguments about functioning of the company. nearing his dismissal his boss started insulting his way of dressing and said other demeaning things. He had accepted this job when he was anxious to return to india from kuwait and did not think about the clause which said that the company can fire without reason. He signed the dismissal notice in anger and also accepted the money since he was dire need of money, He was given two months notice. I strongly feel that he was fired because his boss did not like him as is apparent from his constant insults. He blamed my father for sales being down but the sales are still worse then ever. Can it be said that the dismissal was wrong in law? What are the relevant laws?I know fire at will is the norm, but is this an exception?
If you sue a former employer for wrongful termination, you are asking the jury to award you money, called damages. Monetary damages are usually the only remedy available in a wrongful termination lawsuit. . The purpose of monetary damages is to compensate you for what you lost because of the employer's actions. You will have to prove not only that you suffered losses because of the employer's wrongful actions, but also the amount of those losses.
Your employment with a private company is governed by the letter of appointment issued to your by the company and comes under the ambit of Contract Act.
Did you sign any contract of employment before joining the company?
If so, what were the terms of termination of employment in the contract?
Any employment with a private company is managed by the letter of appointment issued by the company and comes under the ambit of the Indian Contract Act.
The legal recourse starts by sending a legal notice to the company for the illegal termination and to recover any dues as per the terms of your employment with the company. In case of no reply to the legal notice one may choose to file a civil suit for recovery of legitimate dues like unpaid salary, salary in lieu of notice period not allowed to serve, PF, gratuity and so on.
However, one must keep in mind that the court cannot grant reinstatement as private employment is covered under the contract act which means the maximum available remedy is only to recover the monetary losses one suffered due to the illegal termination.
Your employment with a private company is governed by the letter of appointment issued to your by the company and comes under the ambit of Contract Act.
Did you sign any contract of employment before joining the company?
If so, what were the terms of termination of employment in the contract?
Any employment with a private company is managed by the letter of appointment issued by the company and comes under the ambit of the Indian Contract Act.
The legal recourse starts by sending a legal notice to the company for the illegal termination and to recover any dues as per the terms of your employment with the company. In case of no reply to the legal notice one may choose to file a civil suit for recovery of legitimate dues like unpaid salary, salary in lieu of notice period not allowed to serve, PF, gratuity and so on.
However, one must keep in mind that the court cannot grant reinstatement as private employment is covered under the contract act which means the maximum available remedy is only to recover the monetary losses one suffered due to the illegal termination.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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