ABRUPT CLOSURE OF DOMESTIC ENQUIRIES – NEVER DO THAT

Dr G P Naik

Director, Talent Avenues, Bengaluru

Domestic enquiries against industrial employees are initiated and closed not only for justice and discipline but also for the political reasons like controlling the activities of trade union members. In the same way industrial organizations resort to abrupt closure of domestic enquiries, which are initiated due to political reasons; when there is positive change in the behaviour of trade union members, without realising that such a positive change is temporary in nature.   This article highlights the procedure for abrupt closure of enquiries, (which are of political nature), in a professional manner.  

MOTIVATE EMPLOYEES TO GIVE AN APOLOGY LETTER   

1) If the individual employees accused, give unconditional apology (a) accepting their misconduct, and (b) promising to behave properly in future, the cases can be closed with smaller punishment (say warning letter) by recording the reasons in the final order of punishment.

WHAT IF THEY REFUSE TO GIVE APOLOGY?

2) If the individual employees accused, do not give such unconditional apology, and the management still want to close the cases amicably, it may simplify the examination/ cross examination (say, examining or cross examining five witnesses in a single sitting), follow all the post-enquiry formalities like giving the copy of the enquiry report and giving an opportunity of being heard  to accused employee, and impose simple punishment (say, warning) by recording, detailed reasons in the final order of punishment. The punishment order should specifically mention that even though the allegations proved are serious in nature, calling for imposition of major punishment, the management has taken a lenient view by imposing minor punishment, so as to afford another opportunity to the accused employee to reform himself/ herself and behave properly.

3) Employees deputed/ transferred to another place/ unit as an indirect punishment may be given a letter to go and work/ get trained at least for half/one month, and then only report back to the factory for work. Point No. 1 or 2 above will apply to this category also.

4) In respect of suspended employees, the decision should address, whether the suspended employee is admitting his mistakes unconditionally; should his back wage dues need to be paid; and whether there will be marked improvement in his behaviour if he is reinstated into the service. Point No. 1 or 2 above will apply to this category also.

Why is this procedure important?

1) In the life of any organization, unionization of workers is like diabetic or hypertension, which cannot be cured, it can only be managed. In other words, once created, the unions will remain throughout the life of any industrial organization.

2) Diabetic or hyper tension to the person (person here is the organization/ factory) is both a bane and boon. For a person of irresponsible behaviour, it is a boon to regulate good behaviour in future. For a person of responsible behaviour,   it is a bane to be little more careful, caring and balanced.

3) If you close the enquiries, midway due to political reasons, the trade union leaders will retain all the records, to prove in future, that management has the habit of starting and closing the enquiries without valid reasons and with malafide intentions.  

4) Remember, employees will not wind up their registered union, after getting an attractive salary increase, rather attractive salary emboldens them to retain and nurture the union.

5) Any attempt to promote harmonious relation between management and its workers should be a mutually acceptable, win-win situation rather than becoming breeding ground for new demands and more disputes. For example, insist the employees to sign an agreement for good behaviour.  

6) Never give an impression that union and its workers have gained upper hand against the management.  Such a situation will strengthen the unity of workers. Hence for anything the management gives to the workers it should get back something from the workers. For example make the workers to agree for improving the productivity and quality, in return for the salary increase.

7) Any understanding/ agreement should not result in overt defeat or loss of face to the union. For example management has used its strong arm tactics to force the union or its members to sign an agreement which is unreasonable. Such a situation will motivate the union leaders and its members, to launch, far stronger agitation in future.

The author is an expert in industrial relation and domestic enquires. He can be reached at [email protected] Phone 9243470110.