Misconduct is understood asan unacceptable conduct byan employee while discharging his duty, and can include acts like non-observance of duty, nonperformance of work, negligence, absence without leave, strikes, go-slow, gherao, acts subversive to discipline, insubordination, disobedience, riotous and disorderly behaviour, or damage to property. Misconduct also encompasses acts like theft, dishonesty and fraud, disloyalty, moral turpitude, corruption etc.
The Supreme Court in the case of Govinda Menon v. Union of India affirmed the decision of the Queen's Bench in Pearce v. Foster, in which it was upheld that if a servant conducts himself in a way inconsistent with faithful discharge of his duty in service, it is misconduct. Misconduct need not be misconduct in carrying of the service or the business. It is sufficient if it is conduct which is prejudicial, or is likely to be prejudicial to the interests or to the reputation of the master, and the master will be justified, not only if he discovered at the time, but also if he discovers it afterwards, in taking action against the servant.
この記事は Human Capital の November 2017 版に掲載されています。
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この記事は Human Capital の November 2017 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
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Picture Out Of The Frame
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How Can They Fire Her?
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