In the cases of gross misconduct on the part of employees of any organizations or institutions, a departmental inquiry is invariably instituted. The erring employee is either terminated from service or kept under suspension till the inquiry is finalized. In cases of dismissals the affected employee seeks redresses in the Labour Court, on the grounds of principle of violation of natural justice. In majority of such cases the verdict is in favour of the dismissed employee. Consequently not only is he reinstated but also paid arrears and compensation, which results in financial burden to the organization.
Verification would very much be in order to find out whether or not the individual was gainfully employed in the interim period of suspension. If it is established that the employee has been gainfully employed during the period of suspension / trial no compensation need be paid by the organization.
In the latter instance, when the employee remains suspended, it would be essential to collect vital information to initiate disciplinary action against such an employee. There have been instances when an employee has been indulging in dual employment. This may be prior to or after office hours. Such engagements affect his performance in the organization. These instances need to be verified.
Experience shows that the clients, more often than not, approach us at the fag end of the trial in the courts on such issues regarding gainful employment. Consequently enough time is not available to conduct any meaningful investigations in the short span of time available. It would benefit the organization greatly if investigations are resorted to well in advance for meaningful results.