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Can a condoned offense used against you to be dismissed.

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lonil


Arresto Menor
Good noon po.

I have a questioned regarding a violation used against you (me, in this case) wherein our company code of discipline clearly states the following:

Classes "A" and "B" offenses shall be considered waived and condoned if no action is taken by the Immediate Superior within fifteen (15) days from commission/discovery date of the offense
.

On August 17, they (company) mailed me 7 Notice to Explain for the following alleged offenses.

July 4 Class A - 6 Unauthorized Leave of Absence (First Offense)
July 13 Class A - 6 Unauthorized Leave of Absence (Second Offense)
July 19 Class A - 6 Unauthorized Leave of Absence (Third Offense)
July 22 Class A - 6 Unauthorized Leave of Absence (Fourth Offense)
July 27 Class A - 6 Unauthorized Leave of Absence (Fifth Offense)

They mailed it to me due to having sore eyes. Clearly, base on our company code of discipline, the first 4, that is, July 4, 13, 19 and 22 were already waive and condone, thus, disciplinary action done is illegal. Am I correct on this one. Please advise.

Thanks,

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lonil


Arresto Menor
Can anyone attend to my inquiries. Thanks very much.

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attyLLL


moderator
what sanction was imposed?


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lonil


Arresto Menor
See below for the list of sacntion executed.

Suspension of 8 days for July 22, since, as for them (company) it is already my 4th offense. Thereafter, I was put on preventive suspension for almost a month, Then, finally, was terminated on October 1, 2011.

The termination attributed from, again, as per them (company), violation of Class D Item 24 (Commission of three (3) offenses (Classes "A", "B" or "C"), with exception if all were A's within a 12-month period from the date the first offenxe is committed. Aside from the offenses mentioned, they also gave me Class B Item 4 (Tardiness in excess of four (4) times or a total of one (1) hour whichever comes first within a 30-working day period. Same reason they told (as stated in my termination letter) me that I was a violator of Class D Item 4. Thus, Termination is valid.

My question, will then be, is it still legal to terminate a employee out of condoned offense (explicitly written on our company code of discipline).

Please advise. Thanks very much in advance.

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lonil


Arresto Menor
Good afternoon ... any feedback on my inquiry. thanks very much .....

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attyLLL


moderator
i believe you can argue that the sanction was too harsh in light of your company's rule. your remedy is to file a case for illegal dismissal at the nlrc.


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lonil


Arresto Menor
Thanks very much for your inputs. Lastly, if you may, I have one last inquiry, would that also be the same for manegerial positions. Uncertain on my understanding, isn't that whenever manegerial illegal dismissal is question, it differs from a regular employee and is taken in a case to case basis. If you could assist me more with this one. Would that be the same arguements / provisions? Thanks very much in advance again and happy holy week.

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attyLLL


moderator
managers have a different standard. and it also matters what was the reason behind these unauthorized absences.


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lonil


Arresto Menor
Noted and thanks very much for all your inputs ...

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