642+ Lawyers are online 
What other damages can be demanded for termination without notice
26-Aug-2023 (In Labour & Service Law)
Q-1. What will be the compensation amount if the contract period states 2 months salary in leiue of termination notice not served? Q-2. Are there any grounds to recover compensation for 33 pending leaves as well when the company claims that they do not have any leave encashment policy. Q-3. What other damages can be demanded for this unlawful conduct, mental harrassment, loss of time and money?
A. Generally, employees would be terminated based on misconduct, disobidience, fraud, misappropriation and breach of contract etc., in your case, you got the termination based on non performance is totally illegal method adopted by the employer side.
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 priniples of Natural Justice which is confirmed and guaranteed under the Law. In case, Nothwithstanding your performance is not upto 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 non performance 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 folllow 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 modifiying subjece 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 terminationn 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.
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 priniples of Natural Justice which is confirmed and guaranteed under the Law. In case, Nothwithstanding your performance is not upto 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 non performance 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 folllow 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 modifiying subjece 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 terminationn 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.
Helpful?
25+
25+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
In addition to the salary for notice period various other claims like leave encashment, mental harassment, compensation for the period of unemployment and so on can be made but all this will depend upon the facts like your job contact, job profile and so on.
Helpful?
17+
17+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Labour & Service lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
