| dear experts the following is an example case of Discrimination in a MNC at Bangalore. An employee with ten years of service, wishes to go for a Fire and safety course with fifity days leave in his credit. He had requested the Management to sanction him study leave to help him for his studies.the management didnot reply.he again reminded with another request letter, no reply.he got ten days leave sanctioned for the initial stage. later, he sent regular extension letters from the place of his studies by regd. posts till his course completion. he cimpleted the course and came back to join duties. He was denied permission to join saying that he has been dismissed after enquiry proceedings in absentia. The employee had informed his changed address by registered postbut, the same was not considered and enqiru was closed without giving any opportunity fo natural justice. later, when the employee discussed and requested for the complete proceedings papers, he was given the same after ten months from the date of his dismissal.the union had approached the management and finally they have promised to take him back.the quiery here is that can the employee go for the acts of discrimination against him to human rights commision.It is found that there are examples of cases wherein employees with long absenteeism have been taken back to roles without any enquiry and dismissal.but, this employee has been sacked by discrimination.if he can go to HUMAN RIGHTS WHAT would be the period for the judgement to arrive at?If he goes to Labor court it would be a long tenure.can anyone please shower their guidance/advices in this case with their expertise at the earliest. thanks and Best regards Surya jitendersyadav Full Member - Member Since: Sep 2008 Subject - Re: Dismissal due to long leave with information Dear Surya, 1 >If the Charge sheet process has been completed & he have received his full & final and signed the full & final papers then he can't challenge the employer in court. 2 > If, neither he received any full & final nor signed any papers, he can challenge the organization in court. 3 > He can get a fitness certificate from the doctor "During this period he was medically unfit for work" in that case charge sheet will be invalid as per ESI Act & no one can terminate him. On other hand : - 1. If he didn’t have any dispute with the Management, he can request to the management on good faith for immediate result. 2. He can threaten the company to go to the court. Every Org. would like to avoid such type of disputes & the result may be in his favour. Rgds/Jitender malikjs Full Member - Member Since: Oct 2008 Subject - Re: Dismissal due to long leave with information Dear this domestic enquiry will vitiate in court of law as principal of natural justice has not been followed.charge sheet was not given on the address which was asked by employee. when there was no communication with employee ,has management given in newspaper. first of all domestic enquiry was not fair,secondly punishment given to him was not proportional with misconduct. he can approach to labour court as his termination is illegal.even he has signed and taken full and final than also he can approach to the court. tks j s malik
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