Your Boss Just Can’t Throw You Out

 

Don’t allow your boss to hang you

Don’t be a coward

 

Can your boss summarily dismiss you? Do you work under such horror that your job is at his mercy? Is you boss such a person that he may remove your from service?

Mind this. No boss can throw you out straightaway without conducting a valid enquiry. Law necessarily requires him to conduct an enquiry before holding you guilty of any charges.

Your boss might be treating your organization as his fiefdom and making you dance at his dictatorial tunes. But it is time you take a stand. Hello, he appears powerful just because you are afraid. I don’t ask you to break rules. But discipline does not mean being a coward.

In the words of French soldier and writer Ferdinand Foch, “To be disciplined does not mean being silent, abstaining, or doing only what one thinks one may undertake without risk; it is not the art of eluding responsibility; it means acting in compliance with orders received, and therefore finding in one’s own mind, by effort and reflection, the possibility to carry out such orders. It also means finding in one’s own will the energy to face the risks involved in execution.”

Remember… the act of your boss in dismissing you from service without holding an enquiry and without even affording you an opportunity to submit an explanation to a show cause notice, will be an act for which he can be sued. Such acts are looked down even by the courts.

What Law Says: Any dismissal in undue haste, without holding any enquiry is illegal, unjustified and an act of victimization and unfair labour practice. Law provides for the holding of a disciplinary proceedings by means of an enquiry into the allegations, where an employee is entitled to appear in person or to be represented by a trade union and after holding the enquiry in accordance with principles of natural justice, in case the employee is guilty, the copy of the enquiry findings have to be supplied to the employee before the Disciplinary Authority decides whether to accept the findings or not and again a second show cause notice has also to be given to the employee regarding the penalty proposed and in awarding punishment the authority is required to take into account not only the gravity of the misconduct but also the other extenuating circumstances and in case any previous adverse record is to be taken into consideration, the employee has to be given an opportunity to represent against the same.

What I Say Thus: Respect your boss, not his bossism. There is no provision under any circumstances for dispensing with the enquiry; and also… if you are placed under suspension pending an enquiry, you are entitled to a subsistence allowance to take care of yourself and your family.

Then, are you going to allow your boss to hang you by calling you a dog!!! You ought to get an opportunity to any charges which may be leveled against you. Why allow your boss to violate the principles of natural justice at will?

One comment

  1. Mate… this is old theory. Today, we can sack a person within one hour in case of certain crimes like financial irregularity, ethical issues like sharing knowledge with competition and even sexual harassment. I’ve been party to such decisions in an earlier role where a director-level person was asked to leave within an hour of an HR inquiry. Trade Unions are also passe now because most are management controlled. So, the only way to fight the boss, is to move out to a better place if you have faith in your abilities. Not for a moment have I ever regretted my first job change that happened after 15 years of getting it. Where you’re not wanted, you should have both the courage and conviction to move out. In my view, only stray dogs come back even when stoned by people. And I’ll be damned before I ever behave like a stray dog. Sorry for the harsh words, but courage is not in sticking on at a place that doesn’t want you, but trying to find a place that can use your skills.

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