Irregular termination of Employment
Question :- Hi, I was on leave was suffering from fever for 1 month. They told me to take rest for more 3 to 4 days. I said no I am fine if you want can bring fitness certificate. But they still asked me to wait. Then called me on 3rd october2016, gave termination letter. They showed print out of chat where abusive word was written but didn't show cctv footage and didn't allow to meet with any manager or tl. At the time of termination new manager and new hr was there in room. They didn't send me any notice in advance of termination. I was ill but could receive or reply to any email. they destroyed my jan 2012 to oct 2016 experience. My question is - If there is abusive word on chat then also were they not suppose to inform me in advance of termination or to show cctv footage? Can I still go in labour court to get my experience letter? I am not getting job because of this and age is 36.
Answer-In this case, the above termination can be challenged as termination was without any notice or without any opportunity given. Now, it can challenge under Article 14 of the Indian constitution by stating that there was the direct violation the principle of the natural justice as there was no notice issued and no opportunity given for the abuse word which was on chat for which the termination was given, it is a fundamental right to give the opportunity which should have been provided for the issue of abusive word to which lead to termination of employment.
Guys!!! This is one of the most important fundamental Right which is provided by the constitution of the country, the principle of Natural Justice which means without being heard no action can be taken , So In case something happens for a reason, you have right of an opportunity to prove yourself that you was not at default. This doesn't specifically to this problem but any kind of matter. Therefore, this is the general question asked by people to which I have answered. The problem like this or relating to this may arise, so challenge the action in court of law.
PS:- General advise is applicable in all countries. Application of the same varies according to their own Acts.
PS:- It is just a legal advise and would recommend to check from your source too.
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