RE: Legal Opinion on framing charge against Mr. x, Manager, COMPANY 1 and giving publicity in the newspaper for being absent from duty.
We refer to your letter dated 30 October 2006 on the above subject.
From perusal of your letter and provided documents it appears that Mr. x, Manager, COMPANY 1 gave 3 (three) months notice of his resignation from the services of COMPANY 2 (“the Company”) by a letter dated September 18, 2006 as per clause # 9 of his appointment letter. Subsequently Mr. x vide his letter dated September 26, 2006 withdrew his 3 months notice and surrendered a cheque of Tk. 33,367/- as 3 months basic salary in lieu of notice (excluding 13 days notice period) and stated that his resignation would be effective from September 30, 2006.
The management of the Company declined to accept his resignation vide letter dated September 26, 2006. On October 01, 2006 the Company vide another letter advised Mr. x to continue his responsibility as the Company were looking for a suitable replacement for Mr. x and the cheque for notice pay was returned.
On receipt of the above letter Mr. x vide his letter on October 11, 2006 stated that he has resigned as per clause # 9 of his appointment letter and prayed for acceptance of his resignation as he had already joined a new institution on October 01, 2006. He again sent the cheque for Tk. 33,367/-.
Meanwhile, the Company issued a letter of explanation on October 08, 2006. Mr. x submitted his explanation on October 12, 2006 stating that he has paid notice pay and prayed for release from service effective from September 30, 2006.
Mr. x was a confirmed officer and was in charge of Merchant Banking Unit and had another officer working under him. Mr. x has not been attending office from October 01, 2006 without formal handover of charge to his next man.
The Company has given an ad in www.bd.com on October 04, 2006 for appointment of a Manager to replace Mr. x.
In these circumstances the Company require our legal opinion regarding framing of charge against Mr. x and giving publicity with his photograph in the daily newspaper depicting that he is absconding from the services of the Company without handing over charge of the department and as such nobody should enter into any deal or contract with him.
The appointment, service and termination of Mr. y’s employment with the Company depend on the employment contract between the Company and Mr. y. The terms and conditions of this employment contract are contained in the appointment letter of Mr. y dated 6th September 2001.
According to Clause # 9 of the appointment letter, if Mr. y intends to discontinue his service with the Company he is required to give 3 (three) month’s notice in writing or pay three (3) month’s basic pay in lieu of notice.
Mr. y gave 3 (three) months notice of his resignation from the Company by a letter dated September 18, 2006. Subsequently Mr. x vide his letter dated September 26, 2006 withdrew his 3 months notice and surrendered a cheque of Tk. 33,367/- as 3 months basic salary in lieu of notice (excluding 13 days notice period) and stated that his resignation would be effective from September 30, 2006. Although the Company returned the check on October 01, 2006. Mr. y again sent the cheque for Tk. 33,367/- on October 11, 2006. So the check is currently with the Company.
In accordance with clause #9 of Mr. y’s appointment letter, Mr. y’s service with the Company has been terminated by him effective from September 30, 2006. Mr. y does not have to wait for the Company to accept his resignation or does Mr. y have to formally hand over charge to his next man for his termination to be effective because there is no such term in the appointment letter that requires him to do so. As such Mr. y was free to take up a different employment from October 01, 2006. And the fact that Mr. y has not been attending office from October 01, 2006 does not amount to his absconding from the services of the Company because his employment has been terminated from the said date.
In such circumstances our legal opinion is that the Company should not frame any charge against Mr. y nor should they give publicity with his photograph in the daily newspaper depicting that he has absconded from the services of the Company. If the Company does frame charges and give publicity in the newspaper then the Company may face valid legal actions from Mr. y.
If you have any further inquiries please do not hesitate to contact us.
For: “The Lawyers & Jurists”