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Love and Overtime claims

 We had in our employment an employee who was married but carried on an illicit relationship with one of his subordinates, an office staff who was provided with living quarters in the estates. 


The neighbours complained that the two love birds were setting a bad example as they were making use of the living accommodation provided by the employer to carry out their illicit love affair. The manager realised that he could not deprive the female employee of the living quarters as the estate was in a remote part of the estate with no transport facilities. 


The Divisional manager in whose jurisdiction both employees  worked recommended the dismissal of  the two of them, the male employee for unauthorised absence and the female employee for false overtime claims. When asked to explain the nature of the female employee’s false overtime claims, the manager produced an attendance record that indicated the female employee had left office at 5.00pm each day. During investigations the manager claimed that the employee left office at 5.00pm sharp daily and she had not worked overtime as claimed. The estate office was located in a rural part of the estate and the manager claimed that he personally locked the office up at 5.00pm daily.


During the hearing at the Labour Court, the Manager maintained that there was no way she could have worked overtime as she left the office when the office closed. However, under cross examination, the manager admitted that the staff could carry files to her house after work hours. He agreed that if the clerk had taken documents to the house she could carry on work at home. He further agreed that he had not given instructions to forbid employees from taking files and work materials to the home of employees. He also agreed that the employee could have performed overtime at home if she had taken files and records home. 


While allowing the dismissal of the male employee, the manager was notified that he did not have sufficient grounds to dismiss the female employee and she should be reinstated with back wages. 


With the backwages awarded, the female employee bought a new car and paraded it around the estate to show off that it was a gift from the employer.


All contents (c) Ganapathy Ramasamy, mynameisgana@blogspot.com


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