Legal Question in Employment Law in India

This is a very helpful portal. I need advice on a case as follows:

I am a manager of a team in the support services of a company. I was hired a year ago from a b-school based on interview performance. I did not have domain specific experience though I had fitting generalist management experience which is enough for the role. I was put through domain related training and now know the domain as well. I have an internal stakeholder who is a manager of the business I support and he is placed higher than me.

Part one of this case: I hired a person five months ago for my team from a b-school based on his talent and potential, but he does not have relevant job experience. The stakeholder expressed his displeasure to me about his non-relevant experience and even asked me to send him to some other business to support. This was on telephone and I replied that since he is hired for this function, realignment will not work out but I will impart him necessary skills. In the next three months, I have brought him to speed through formal training and grooming with on job exposure with a buddy for support and mentoring. He has coped with the learning very well. His learning and absorption has not been excessive even compared to employees with relevant experience of the domain. Last week, in a discussion about giving this employee additional responsibilities, this stakeholder refused. Also, there is a need to hire another person for replacement of one of my team members leaving the company. For this case, the stakeholder told me that he needs to interview the person I hire or else he will not let any new hire work with his organization and even go without support from my function. I reported this to my manager. My manager told me that the stakeholder had given very negative feedback about me and when I asked for specific instances, I was told that specifics were not necessary since the feedback came from a stakeholder and managing a relationship is my key result area. I was also told that if I were smart, I would not pursue this but drop this and move on, however, should I insist, she would arrange a meeting between the three of us. The next day, the stakeholder called my team member who is leaving and asked him feedback about me in a roundabout manner. When the feedback was positive, the stakeholder asked him leading questions such as �but he is from a different industry and background so do you think there is an issue�etc�. This team member worked well with me and is leaving on amiable terms for a better opportunity. He only had positive feedback about me. Later he reported this to me and said that he felt he was being �searched and scratched� for negative feedback about me by this stakeholder. Then my manager spoke to my recently hired team member and asked him pointed questions about the training and grooming I imparted. My team member told me of her positive feedback of me. My manager is placed higher than the stakeholder but the nature of business leader/support service leader makes him powerful and I suspect my manager is unwilling to confront him, leave alone support me or my team. I need advice on the following. Is there any discrimination on the basis of qualification or experience on part of the stakeholder? And since this happened on telephone or during personal visit, will it be dismissed should the stakeholder lie that he told to realign my team member? I know this stakeholder has lied about me to my manager in his feedback based on some things which were mentioned.

Part two of this case: The manager who hired me studied at the same b-school as I, and we worked very well. He was an exceptional people manager and motivator. He left the company six months ago and the new manager was hired from elsewhere, and shared no prior connection of any nature, work related or education related, with me. The new manager has only criticism for the old manager and has also hired new people who are clearly more favored. The governance and leadership capability is missing and a lot of our lower rung employees started leaving seeing this. At the end of September, the new manager sent a list of new initiatives and names of my colleagues against each point. It was declared that the year-end annual review (to happen in Dec-Jan) rating will depend on successful achievement of the initiatives. A few names were excluded from the list, including mine. I have already driven an extra initiative for my new manager and wrote about it and also sought another initiative, but was dismissed casually. Even if I were to achieve all goals led down by the previous manager, exclusion from the list means I do not even have the opportunity to perform. Our bonus is substantial part of our remuneration and a poor rating means no bonus. Most of my colleagues are disappointed by the nature of the initiatives, which would take six months even to show results. All my colleagues are stressed and many expressed frustration that nothing can be done and our manager will barge through this unfair treatment. I am, like many of my colleagues, looking for a new job but losing the bonus for a year�s work done is a big blow. Being in senior management, my manager�s manager is the CXO and he does not mingle much with us. I need advice on the following: Does this amount to unfair practice? Is it appropriate to judge an employee�s annual performance based only on goals given in the last three months, since the initiatives have no seasonal influence?

Does the exclusion of only a select few from these goals amount to discrimination? In both the cases, what recourse do I have if the HR team is small and generally not very effective?

Any help is welcome. Thank you.

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