Justifying employment termination (2017)

by admin

Mazoomdar was employed under an employment contract as a supervisor at Erste (Pvt) Ltd. Erste had its offices in a few major cities in Pakistan. Its clients were mainly multinational FMCG brands operating in the country. In November 2006, Erste transferred Mazoomdar from its Peshawar office to its country headquarters located in Karachi. Upon Mazoomdar’s failure to join his new place of posting at Karachi, he was terminated from service. Mazoomdar took legal action against Erste and filed a lawsuit in the Labour Court, Peshawar. After the lawsuit was dismissed for lack of jurisdiction, he then approached the court of Civil Judge, Peshawar. This case study is based on the case proceedings of Mazoomdar versus Erste in the court of Civil Judge, Peshawar.

The Plaint Mazoomdar sued Erste through its Chief Executive, Director Human Resources, and Executive RMS at Peshawar. In his plaint Mazoomdar took the following stance:

  • Mazoomdar was appointed as a supervisor in Takhliq which merged into MYD. MYD then merged into Erste and that is how Mazoomdar became an employee there.
  • On 8th of November, 2006, with ill will towards Mazoomdar, Erste transferred him from Peshawar to its Karachi office. Mazoomdar sent a leave application to Erste in which he reasoned that due to his daughter’s wedding he would be unable to join his new place of posting on 16th of December, 2006.
  • Without considering his request for leave due to a genuine problem, he was terminated from service by his organization via a letter dated 27th of November, 2006. This termination notice was received by Mazoomdar on the 3rd of December, 2006. On the same day, he received another letter dated 13th November, 2006, informing him that his application for leave had been turned down.

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Policy Research Institute of Market Economy

آزاد معیشت – خوشحال پاکستان