Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

My inquiry

Go down  Message [Page 1 of 1]

1 My inquiry on Sat Jun 16, 2012 5:18 pm

Joni Palmeras

Arresto Menor
Good day!

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.

Many thanks.

View user profile

2 Re: My inquiry on Sun Jul 29, 2012 7:40 am


Reclusion Perpetua
Besides the GM itself can suffer a consequence of certifying a non member as as member..He uses his/her position to give favor to his/her friend.

View user profile

3 Re: My inquiry on Fri Aug 03, 2012 8:02 pm


they have every right to file a complaint. whether it will prosper depends on the evidence

[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum