I'm Jon Palmeras working as HR Professional for 6 years.
My inquiry is not really for me, but for my 2 good friends. Here is the story.
My 2 friends are working in a one Cooperative in Valenzuela. One day the cooperative issued a certificate of Employment and ID to the person not working or never been employed to the cooperative. The General Manager certified it because the person is known to her. This event came to the attention of the staff and since they knew it was not correct they post a status and comments against GM and HR Officer using private account in FACEBOOK. Let say that the comments used a negative one.
One day and it was after office hours, the one members of the private account opened it and accidentally the HR Officer was there and saw herself the comments. What she did, she copied the comments and print it and forwarded to the table of GM. When the GM read the comments, she instructed the HR to prepare a notice to explain and the violation was "unbecoming or disrespectful towards co-employee".
So my 2 friends explained themselves and after which the Management issued a disciplinary action which is suspension for 7 working days and the worst one of them is in promotion period as marketing department head and because of the incident she was demoted.
As HR my opinion it is illegal suspension due to the following points:
1. No admin hearing took place
2. The GM and HR are the concerned people and they did not inhibit themselves in the committee. They are part of disciplining committee.
3. The scope that the HR got which is comments from FACEBOOK was illegal because of invasion or intrusion to private property.
I already contacted NLRC about it and they advised that it was a illegal suspension.
Just like to confirm if it is an illegal suspension and my 2 friends can appeal to the NLRC. Or I am seeking an advice what is the best thing to do?. Hoping for a immediate response.