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Legal implications

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1 Legal implications on Mon Jun 03, 2013 4:20 pm

ruth.collantes


Arresto Menor
I am an OD consultant for an NGO and have been asked advise on some HR matters. One such consult is about an employee the case of whom is the following.

This employee who has been 5 years in the company. On his second year he incurred an offence of neglecting to maintain a recording equipment to prepare for an occasion. This is a routine and is considered critical to the performance of the company.
2. 2011 July - AWOL (his reason was viral infection)
3. 2011 July - tardiness of more than 3 hours for 2 consecutive days
4. 2011 Insubordination and negligence
5. 2013 April - Negligence
6. 2013 May - Insubordination

Of all the cases above, the employee responded to the show cause memo only once (AWOL of July 2011)

I the overall, it could be assessed that he has behavioral problems that have not been immediately acted on by the proper authorities of the company. Of all employees, he is the only one who has this problem seemingly an outlier in terms of company culture. The company also does not have a detailed code of conduct and discipline to invoke except the general provisions of the Phil. Labor Law.

The occurrence of the offences were not frequent (as documented) thus cannot be considered habitual. It is observed that each time his attention is called and a show cause is issued, he "straightens out".

Questions:
1. Are any of the above cause for termination?
2. How can this be dealt with?

Thank you.

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2 Re: Legal implications on Tue Jun 04, 2013 7:03 am

attyLLL


moderator
what is this insubordination?

in terms of discipline, you are not limited to memos. he can be suspended or given final written warnings.


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3 Re: Legal implications on Tue Jun 04, 2013 12:03 pm

ruth.collantes


Arresto Menor
Thanks for your response.

The first insubordination case involved an assignment given to 3 of them and this one employee did not do his part of the job and even left the clean up to the other 2. The second insubordination case is involves a senior manager. The manager was calling him, and they were like 5 feet away. The intention was to show the employee something and just ask. This manager is not his direct supvr. The employee did not respond so his co-employees called his attention. He still did not respond. On the 4th call, the employee went out of the room and the manager lost his cool and shouted at him. (BTW, I wan't present at the time). He replied that he needed to run lest he forgets what he has to do.

He has other undocumented offences. Undocumented, thus no basis for "habitual" behavioral problems. Psychologically, he seems to have a victim mentality which may account for his style of assertion.

Thanks very much.

^_^ Ruth

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4 Re: Legal implications on Thu Jun 06, 2013 11:57 pm

attyLLL


moderator
with those offenses, i don't think he crossed the line to serious misconduct, so i do not believe he should be terminated.


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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.
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5 Legal Implications on Fri Jun 07, 2013 12:16 am

ruth.collantes


Arresto Menor
Thanks for the advise. I agree that this does not warrant termination. I recommended a corrective action plan stating consequences for any repeated offence.

Great help guys! Really appreciate it.

Cheers!
^_^

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6 Re: Legal implications Today at 4:34 pm

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