Termination: Bad Performance
Keywords:
circumstances, straightforward, distinction, termination, appraisalsAbstract
This study explores the circumstances where an employee is dismissed due to poor performance. This study highlights the critical distinction drawn by the Hon'ble Apex Court between an employee's suitability for bad performance and misconduct. The study emphasizes the importance of clearly articulating in the employment contract that an employee's performance is terminable for poor performance. In the event of a dispute raised by an employee challenging the termination order, the employer's safeguard lies in following the rule of law while dispensing with the employee's services for inadequate performance. This study will go on to suggest a straightforward procedure involving periodic performance appraisals and timely communication of poor performance to the employee, coupled with a reasonable opportunity for improvement. The judgments of the Hon'ble Apex Court are also discussed.
References
1. The Black’s Law Dictionary Definition: ‘Incompetent’, ‘Deficiency’, ‘Bad’, ‘Performance’.
2. Supreme Court of India. Chaitanya Prakash Vs. H. Omkarappa - 2010(2) SCC Page 623. Order of Termination: Inadequate Performance: Stigmatic.
3. Supreme Court of India. Abhijit Gupta vs. S.N.B. National Centre, Basic Sciences - 2006 (4) SCC Page 469 . Unsatisfactory performance : Non Confirmation : Letter Notifying Employee : Unsatisfactory Service.
4. Supreme Court of India. Pavanendra Narayana Verma vs. Sanjay Gandhi PGI of Medical Sciences & Anr . 2002 (1) SCC, Page 520 . Para 21 : Distinction: Stigmatic termination : Termination simplicitor: Test.
5. Supreme Court of India . Allahabad Bank Officers Association vs. Allahabad Bank And Others . 1996(4) SCC Page 504-Para 19. “Want of application to bank’s work”: “Lack of potential”: “Found not dependable´: Termination: Not Stigmatic.
6. Supreme Court of India. Sumathi P. Shere vs Union of India - 1989(2) LLJ Page 228. Employer- Employee relationship : Moral Duty of Employer : Informal/Formal: Evaluation: Employee's Performance: No Strict Rule: Necessitating a Formal Inquiry. Termination–Bad Performance J Pradeep Kumar
7. High Court of Karnataka . Mrs. Winnifred Lewis vs. M/s SGS India Private Limited . 2023 LLR; Vol. 45: 848p. Order of Termination : Not Stigmatic: Passed in Terms : Contract of appointment : Non-Holding of Enquiry: Not Fatal.
