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Lawyers In The House, Help (1336 Views)
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Preciousgirl(f): 12:00pm On Mar 08 |
My husband is the head of HR in a public institution. One of our staff, a district director has been transferred from his post to the head office but for 3 weeks now he has not reported as he contends that the transfer is unlawful. He has also refused to report to his old post. In his petition he states that we gave him only 3 days notice for the transfer contrary to our conditions of service. Also, we haven't given him accommodation and 5 percent of his annual salary as per our conditions of service. Meanwhile, the transfer was a disciplinary action, yet he again argues that a transfer is not a disciplinary measure in any of the national HR codes. He again contends that the disciplinary committee didn't follow due process because he was not written to nor given any prior notice before the said hearing. And that prior to the disciplinary hearing he had written several petitions. On the allegation of him pursuing further education without express permission he argues that he notified all the channels but we didn't revert to him. He says cannot report to even his old duty post for security reasons because his transfer letter was also given to the head of the facility which accommodates his Office. As the head of HR, I signed the said transfer letter and he argues that I was part of the earlier conflict and he cited me in his reports before the disciplinary hearing. Where have I faulted? Is he justified in not reporting to his new post? Can we dismiss him? Are we unfair to block his salary for the period he has absented himself from work? He has sent two petitions through me to the executive secretary. I have asked him to use a different channel but he insists on writing through me. Are his petitions valid in this case? Last year, I received a memo he had sent the executive secretary through me..he is basing on my receipt of his memo last year to insist on using me as a channel again; is he justified? Last year when he sent a memo, I acknowledged receipt If the directors concerns are true and legitimate, are we unfair to block his salary and dismiss him? |
Xannadu: 12:02pm On Mar 08 |
He appears to have consulted with a lawyer. You guys need to consult with a lawyer as well before taking further action on him, as well as study your own of service and the National HR codes. In the meantime you can get a temporary worker to take over his job until the situation is resolved, so that the company doesn't suffer his absence.
1 Like |
Preciousgirl(f): 12:16pm On Mar 08 |
Xannadu: Can they block his salary? |
Samantha125(f): 12:36pm On Mar 08 |
Did his superiors consult with him to hear his representation before issuing a transfer?
1 Like |
Preciousgirl(f): 12:46pm On Mar 08 |
Samantha125: No |
WantsandMore: 1:16pm On Mar 08 |
Don’t you have in house legal you can ask of their advice?
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Preciousgirl(f): 1:18pm On Mar 08 |
WantsandMore: My husband seeks alternative views |
DemonSlayer: 1:24pm On Mar 08 |
Head of HR—a whole Head of HR oo—yet seems out of touch with their own of service and procedures? Doesn't know if his office is the proper channel of communication or not. You're responsible for personnel management, where do you think their letters should follow. Continue grappling in the dark for answers and asking random internet people, this man will chop correct damages on your head and he'll deserve every naira of it because he did his homework and you're looking to copy answers.
3 Likes |
Samantha125(f): 1:33pm On Mar 08 |
Then he could be making some valid points because before issuing a disciplinary action, first there must be valid evidence ing the said misconduct and as an employee, he has the right to be informed about the misconduct case against him prior the disciplinary hearing in order for him to get a chance to come and represent himself whereby his superiors will then cross examine him before taking any disciplinary action against him. And the decision taken must be fair and binding in accordance to the law. Preciousgirl: |
Lalami3232(m): 1:44pm On Mar 08 |
![]() O.P kindly tag the s so as to push it to the front page for a wider range of views and opinions. But these are what I think: 1. He has met a lawyer, so I suggest you do same. So as to know your stand on this case 2. He's looking for a way to hit you hard. . |
Preciousgirl(f): 3:03pm On Mar 08 |
Lalami3232: Please tag the s for me |
Preciousgirl(f): 3:03pm On Mar 08 |
s please push this to frontpage for me
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Preciousgirl(f): 3:47pm On Mar 08 |
@s
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Preciousgirl(f): 3:47pm On Mar 08 |
@ss
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Preciousgirl(f): 3:47pm On Mar 08 |
@sss
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Musty112: 6:16pm On Mar 08 |
Apart from your in house, you are suppose to have an outside counsel who handles litigation for you. Hire one if you don't have such and pay him the required fees for consultation.
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Maydayy(m): 6:21pm On Mar 08 |
One would have to look at the contract you signed with the said employee before a concrete advice can be given. What was his offense? What’s the company regulation about such offense? What does the labour act say about such acts? Is the company regulation contrary to the act? You need a proper consultation, because he seems more prepared than your organization. |
Preciousgirl(f): 6:23pm On Mar 08 |
Maydayy: It means it is dangerous dismissing him? |
dbestuncle: 6:30pm On Mar 08 |
What state is this happening. You seem helpless and it shouldn't be. You have the right to transfer him and you have done so. Secondly is this transfer your way of disciplining him or it was recommended by the disciplinary committee. He has no reason to be paid for the days he didn't work. He did a mistake in that he should have been coming to work in the supposedly former place of work but now he didn't attend anywhere and since the place is not for charity. He shouldn't be paid but for better clarity report him to the management that this guy was transfered and he didn't report and recommend further disciplinary action. Let other of the management come to hear of it and have input. I wish you can connect with me let break it well to you. But for now answer my questions |
Maydayy(m): 6:49pm On Mar 08 |
Preciousgirl: One can’t say expressly. You need to answer those questions stated first, then you can talk about dismissal. |
Samantha125(f): 7:18pm On Mar 08 |
nlfpmod, where are you when you're needed the most? The op has been asking to have her thread on front page, but you're just overlooking her request...😡😡😡 Preciousgirl: |
Preciousgirl(f): 8:12pm On Mar 08 |
Samantha125: Frontpage please nlfpmod |
Xannadu: 8:27pm On Mar 08 |
Preciousgirl:Technically they can, since he has refused to come to work on either side. But you really need to get a lawyer to look at the of service, and the National civil service regulations. |
Samantha125(f): 8:41pm On Mar 08 |
But be ready to have frustrated trolls derailing your thread once on front page. I think you should just get yourself a lawyer. Preciousgirl: |
Preciousgirl(f): 9:42pm On Mar 08 |
Samantha125: Probably other lawyers could input |
Verydarkhearted(m): 2:16am On Mar 09 |
I really feel this man should take legal action against you guys.. it’s high time employers start to treats staffs with respect. Someone sent tons of mails to further his education all were met on deaf ears only for you guy’s to take disciplinary actions against him. So terrible.
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Preciousgirl(f): 2:53am On Mar 09 |
dbestuncle: He claims he could not report to the former duty post too because his transfer letter was copied to the owner of the facility which accommodates our branch there |
Preciousgirl(f): 2:54am On Mar 09 |
Verydarkhearted: Really What will be his basis? |
atilla(m): 3:26am On Mar 09 |
Precious girl theybdont u post in the right section to get better info and advice. This is romance section so u might not get appropriate answers
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Verydarkhearted(m): 3:29am On Mar 09 |
Preciousgirl:you’ve already stated that in your write up. He has more than one basis to take your company down to the mud where it belongs. |
Verydarkhearted(m): 3:30am On Mar 09 |
atilla:she doesn’t need any advice. They should called their staff and settle the issues. Give him what he deserves. |
Preciousgirl(f): 9:27am On Mar 09 |
Verydarkhearted: Hmmmm |
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