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Employee Terminated

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asked on Apr 5, 2014 at 21:19
by   june1974
I have an employee who has been terminated right before her confirmation due to non-performance.Her work quality is bad and she has her own financial problems that has affected her working live.She kept on asking for money from other staff in the company and this attitude has create a negative impression on her.She joined the company in Dec 2013 and was given a termination notice in Mac 2014.The offer letter clearly states that during probation,either party may terminate with 7 days notice in writing.Last week we received a letter from IRA that the employee has filed a complaint of wrongful dismissal.We are meeting with the IRA and the employee in 2 weeks time.Please advise the necessary.
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answered on Apr 11, 2014 at 23:19
by   arun1011
As far as the employment law in this country is concerned, termination by virtue of contractual notice is not valid if the matter is brought to Industrial Court. The Company must be able to justify the reasons for non confirmation. As such, the IRA will ask the Company if any performance appraisal was done, any warning letters issued, any counselling done and if it was done whether any minutes or notes of meeting was taken, etc.
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answered on Apr 12, 2014 at 00:57
by   june1974
Thanks Arun.We have made several mistakes here : 1) Appraisal was done with her but she did not sign on the appraisal form,only the manager signed. 2) Show cause letter issued but without her signing the show cause letter as a prove that she has read and understood the show cause letter.IRA has informed us that we have nothing to prove that she had read the appraisal form and the show cause letter.When she did not sign on the appraisal and show cause letter,it seems that only the management is issuing all of this documents and it's without her consent.We need your advise again, Arun.
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answered on Apr 12, 2014 at 13:33
by   arun1011
The IRA officer is probably correct in stating his views and i am sure the employee would be taking the similar position as well, that she did not receive the letters. In that case you would need her superior to be able to give convincing evidence if the matter goes to Industrial Court to prove that the employee was not performing.
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