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Case Study - Inputs Needed

Last post November 3, 2011 04:28 AM by raghu. 1 repiles.
November 2, 2011 07:12 AM 1
Total Posts: 21
Join Date: February 14, 2009
Rank: Executive
Post Date: November 3, 2011
Posts: 21
Location: India

Case Study - Inputs Needed

Hi Friends,

I have a been approached by an ex-colleaque of mine for a peculiar case in his organisation, wherein a Manager level person has submitted a resignation letter stating the humilation, mental agony , etc created by his boss - director in the company citing comments with dates, etc as a cause of going ahead with this decision to quit without a job in hand. The same letter also defames the company policy, credibility of the director and also hints upon the statutory lapses and other issues that occured in the company. To add it also states that if the dues are not given by the date mentioned as deadline, the same would be treated as harrasment and might be dealt accordingly.

My question is - Can this Resignation Letter of him create problem if he goes to labour ministry or national commission or any other body. Although he is a manager outside the perview of workman but what all damages might happen in these 2 cases:

1. Company pays his dues. He might still file a case of haarssment or atleast publisize. Will official authorities react.

2. In case Company holds or delays all the dues then what.

Your comments shall be appreciated.

Regards,

Vikas
November 2, 2011 07:152
alok sehgal
Total Posts: 24
Join Date: February 14, 2009
Rank: Executive
Post Date: November 2, 2011
Points: 120
Location: India

Re: Case Study - Inputs Needed

In reference to your query; the answers is given below:-

1. Will official authorities react?
A Harassing some one is offence. That person can approach to Civil and Criminal courts for different relief. It's does not matter whether the company pays its dues.

2. In case Company holds or delays all the dues then what?
A. If the company holds or delays all the dues , holding or delaying the dues indicates the continuation of harassment. The person case is more strong because he has the proof of harassments in the form of delaying the dues.

Alok
November 3, 2011 04:283
raghu
Total Posts: 51
Join Date: February 14, 2009
Rank: Manager
Post Date: November 3, 2011
Points: 255
Location: India

Re: Case Study - Inputs Needed

I have gone through your case study. That the person in question is a manager and still bottles up so many things with himself speak in itself that no training was given to build managerial competencies. Rather than thinking from the legal point of view, I would prefer to see the case through organisation's point of view.a) If he had so many things to point what was he doing for these many days? Why he did not approach his immediate superior? Why is he raising these issues now?b) Why company does not have proper grievance handling machinery?c) Why HR department could not capture undercurrents of discontent? Why HR Manger did not sit across to settle the issues?d) Company has to pay employee's dues. There is no alternative to it. If he goes ahead with filing suit or anything, he should be able to do it with substantial proof. Does he have the proof?e) Does the company have those many skeletons in the cupboard and now authorities have fear that one single ex-employee will pull them out?f) At this point of time I can only say that HR department should handle the things diplomatically. On the one hand they should not provoke the employee further. On the another hand they should not succumb to his pressure as well. If the HR Department develops cold feet, it will set a wrong trend and also will send wrong message to others.

Thanks,
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