FREE online courses on Employee Grievances and Discipline - Principles of
Natural Justice and Domestic Enquiry
Before taking disciplinary action against a worker,
management must hold a domestic enquiry, following the principles of natural
justice. The principle of natural justice states that no man should be held
guilty without getting an opportunity to explain his point of view. It states
that the worker be given a fair chance:
- to
present evidence of his own choice;
- to
cross examine the management's evidence;
- to
explain his point of view without any pressure or fear.
The enquiry must be conducted by an impartial person who is
fully conversant with the intricacies and procedures of domestic enquiries. Then
a notice of enquiry has to be issued to the worker, giving the time, date and
place of enquiry and the name of the person holding the enquiry. The worker is
supposed to come to the place of enquiry with supportive evidence and witness of
his choice at the appointed time and date. The charges made by the employer
against the employee are explained to the worker. If the worker agrees with the
charges made against him, the enquiry is dropped. If he pleads innocent, the
proceedings continue in the presence of the accused. During the course of
enquiry, examination and cross-examination should be free and proper and all
documents are open to be seen by the parties. If the worker does not turn up at
the appointed date and time, the proceedings are held ex-parte. The findings of
the enquiry are then conveyed to management in writing. Before taking any
punitive action, management should keep in view the gravity of misconduct. The
punishment awarded should not be out of proportion to the misconduct of the
employee. The order of punishment has to be handed over to the worker
immediately. If the punishment does not seem to be fair, the worker can go to
the labor court or industrial tribunal.
