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Abuse of Management Prerogative

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1 Abuse of Management Prerogative on Tue Dec 17, 2013 12:41 pm


Arresto Menor
Hi All,
I need your legal advise regarding my friend's situation. She was a roving QA in EZRA Textile. Her Unit Head lends money to sewers at 5% interest per month and that the collateral for the loan is their ATMs. My friend and her head also engaged in selling silver stuff for 4 years already. They are doing their business discreetly and after office hours. My friend is working in the company for 4 years and her head for 16 years.

One day, a spot audit was conducted in their office, first in 16 years to have such kind of audit in the office. Allegedly, the spot audit was triggered by a letter from a sewer which was not renewed by the Unit Head because of low output or performance. The sewer, which was denied of 15K loan of the Unit Head, out of grudge, wrote a letter to the management maligning the Unit Head and my friend that they are doing their business during office hours; and that he was not renewed because the Unit Head only favors those which she recommends.

The audit report states that:
1. Na si Unit Head at si Friend ay nakitang nagtitinda during office hours;
2. Na may nakitang silver stuffs sa drawer and P40K cash sa drawer ni Unit Head;

After the "spot audit" the Unit Head and my friend received their separate memos stating the same offense against company policy and that the penalty for the offense is termination. On Dec 4, they conducted the hearing for the said offenses; pagtitinda sa company premises at/o sa oras ng trabaho; at serious misconduct.

During the hearing, EZRA presented 2 videos; (1) while every one is waiting for the bell to ring and to have the morning prayer before the start of work, one sewer handed money to my friend which she immediately handed to Unit Head and she placed it to her drawer. In the video, it was obvious that the atmosphere is not yet 7:30 which is the start of work, but the time in te video was 7:51. (2) while my friend is doing her work (rolling threads), her Unit Head is making kwento.

After that hearing and presented their counter-statements to baseless accusations, another memo was issued to them reiterating their previous offenses and adding another offense which is "overbreak". They again gave their counter-statement to the 2nd memo. EZRA set another hearing and presented statements of 9 sewers who were interviewed by EZRA and allegedly nagpapatotoo sa pagtitinda nila during office hours. The list of employees with over break does not include the name of my friend. After the hearing another memo was issued to them adding another offense of "pananakot". This "pananakot" thing stemmed when my friend asked for her money in their coop which was being handled by one of 9 sewers presented as witness by EZRA. She then tell her thru text "pag nde mo binigay yung pera ko, isusumbong kita kay Ma'am Te (owner of EZRA)".

With all of these harassments to my friend and her Head, she is contemplating to resign because it already cause her trauma to come to office as she thought that they (management) frame her up because none of the allegations can be proven against her; she was not given the fair trial as she asked for the time ins of the employee in the video to prove her case that that video is not 7:51 yet; they were not even given a copy of the 9 statements of their alleged witnesses.

Can they now rest their case and resign then file constructive dismissal? Is the management still within the boundaries of management prerogatives? is there harassment already? is it wrong to lend money and ask for their ATMs as collateral? this is not in the company policy;what is the best thing they can do with their situation? my friend is currently on sick leave for 5 days due to severe UTI as recommended by her doctor and giver medical certificate. she will be back in the office tom to receive the 3rd memo.

Appreciate your feedback. Sorry napahaba.. thanks!

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2 Re: Abuse of Management Prerogative on Tue Dec 17, 2013 2:57 pm


Reclusion Perpetua

First, review company handbook if selling vending inside company is allowed or not.
Just comply with your explanation letter and fully contest the content of the videos, if possible look for witnesses also to prove that it was not during working hours.

In my opinion, if selling is not allowed at all times, then there's violations of company rules.
But if selling is allowed only during not office time, it is ok to sell.
The company only have to check if its during working hours, because it can be ground for disciplinary actions.
Use of company time for personal used is not warranted for termination.

Just write an apology for selling activities.

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3 Re: Abuse of Management Prerogative on Tue Dec 17, 2013 2:59 pm


Reclusion Perpetua
It was a lesson learned sometimes that company time will only be used for company activities.

You two, can file unjust vexation against the employee who make sumbong na hindi namn totoo.
If really hindi totoo.

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4 Re: Abuse of Management Prerogative on Tue Dec 17, 2013 3:21 pm


Arresto Menor
thanks alexis! as far as i know what is in the handbook is "Pagtitinda sa company premises at/o sa oras ng trabaho" penalty: written warning to pagtiwalag depende sa lubha ng offense.

is the silver stuff at P40K cash constitute "pagtitinda"? what the video clearly showed was the handing over of money from my friend to her Unit head to drawer, and their contention that that was not during office hours. they tried to ask for the time ins of the employees seen in the video timing-in to check for the real time of the event, but the company lawyer just simply said "kayo bahala kumuha ng ebidensya nyo!"

what is obvious is that, the hearing is like moro-moro kasi the management already had the presumption of guilt and they don't care about their statements really. the management is determined to dismiss them. is that still within the purview of due process?

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5 Re: Abuse of Management Prerogative on Tue Dec 17, 2013 3:58 pm


Reclusion Perpetua
Clearly if the company does not follow due process, they can be liable for over discretion of power complaint.
Ganun talaga kalakaran sa companies, yung lawyer nla panig yan sa company ksi binabayaran sya to protect the company.
Be strong to answer all allegations.
Kung first offense pa lng naman you can file illegal termination if first time mo pa lng to.

Galit ba ang management syo even before?
Hinahanapan ka ata ng butas.

So if bawal talaga pagtitinda in any forms, better stop it muna.
Pwd naman sa bahay mo nlng papuntahin mga nangungutang syo.
Pautang na rin,HHEHEHHEHEEH.
Merry xmas.

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6 Re: Abuse of Management Prerogative on Tue Dec 17, 2013 11:37 pm


Arresto Menor
Yes first offense lang in 16 years nung Unit Head at nung friend ko for 4 years.. The thing is ung abugado Hindi tumitigil Arawak are daw nag interview sa mag Tao and twisting the facts.. Do they really need to wait to serve the termination bago sila magreklamo? Meryl natatakot na pumas ok ung friend ko ksi Baka daw gawan sya ng scenario na ikatatanggal na Nya talaga..

I think they really up to the Unit Head kasi tenured n talaga... Style ng management daw yun kasi ung Ibang terminated Ganon din ginawan ng issue until mag resign na... Nadamay lang yung friend ko... Palagay ko...

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