Q. Difference between discharge and Dismissal?
Difference b/w discharge and Dismissal: through discharge and Dismissal both have the same result, the termination of service of the employee, there are some vital differences b/w the two. These are as follows:
1. While dismissal is always a punishment. Discharge may or may not be a punishment.
2. A dismissal is a more severe punishment than discharge. There is a terminate the employment contract of the employee without dismissal a disqualification for the further employment. This is not so in the case of the discharge.
3. A dismissal is usually summary, that is, immediate action is taken to terminate the employment contract of the employee without notice. But in the case of a discharge an agreed amount of the notice may have to be given.
4. The justification for not giving a warning lies in the general acceptance that the acts and omissions for which the punishment of dismissal may be inflicted are socially repugnant and a management is fully entitled to protect itself against such cases.
5. It the cases of dismissal the employee is not usually entitled to provident fund or gratuity benefits but that is not so in the vase of a discharge.
6. Before dismissing an employee, employer has to hold disciplinary proceeding in a proper way whereas in the case of, discharge he may or may not be given for it.