Dismissal

What is Dismissal?

(The law of Industrial Disputes; O.P.Malhotra; Vol: 2; Edition: Sixth)

• The dictionary meaning of Dismissal is ‘to let go; to relieve from duty’.

• Dismissal is the ultimate and most drastic disciplinary sanction which may be inflicted by an employer for an act of misconduct against an industrial workman.

• Termination of service which is not by way of punishment would not tantamount to dismissal.

• Dismissal cannot be inflicted on a delinquent workman until an opportunity to defend him against the charges leveled against him is given by holding a fair and proper domestic inquiry wherein the workman is found guilty of the misconduct.

• The employer’s right to dismiss a workman arises from the terms, express or implied, of the contract of employment.

• The employers and the workman are free to limit or extend it the employer’s right of dismissal by incorporation of provisions in the service rules or the Standing Orders applicable to the establishments, which may make certain acts dismissable which otherwise, might not give rise to the right of dismissal.

• The justifiability of dismissal would depend upon the degree of misconduct necessary to establish a right to dismiss a workman.

• The modern test is to see whether the complained conduct is a breach of an important term of the contract of employment but for such circumstances where the workman has reasonable excuse or justification for his conduct.

• Single and isolated acts of misconducts are somewhat less likely to justify dismissal of a workman than is a persistent pattern of misconduct but the same can lead to dismissal if supported by a record of unsatisfactory behaviour provided due weightage is given to the nature of the business or nature and position of the workman.

• Misconduct inside the premises of the establishment is likely to lead to dismissal than outside the workplace or working hours but the latter may...