India : Delhi High Court judgement in Abhijit Mishra Versus Wipro Limited - HR Practices – Termination Letter Writing - Essential Lessons for HR Teams

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India : Delhi High Court judgement in Abhijit Mishra Versus Wipro Limited – HR Practices – Termination Letter Writing – Essential Lessons for HR Teams

“Accordingly, it is found that the statements in question are demonstrably false and defamatory in nature. Further, no valid defence has been established by the defendant, as the truth of the statements has not been proven, and the statements were not justified or made in good faith with due care. The threshold for falsity and absence of valid defence stands fulfilled.”

“Accordingly, this Court deems it just and proper to award a sum of Rs. 2,00,000/- as general compensatory damages to the plaintiff, to redress the reputational harm, emotional hardship, and loss of professional credibility occasioned by the conduct of the defendant.”

“Therefore, in furtherance of the principles of equity and with a view to effectuating complete restitution, the Court hereby directs that the remarks with respect to the professional character of the plaintiff be expunged. Further, a fresh termination letter shall be issued to the plaintiff devoid of any defamatory content, and consequently, the impugned termination letter shall cease to be of any effect insofar as the defamatory content is concerned.”

Judgement can be accessed here.