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

Breach of Trust Extreme Offense

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Breach of Trust Extreme Offense on Sat Mar 22, 2014 6:02 am

john galt


Arresto Menor
Hi Moderators,

I would like to ask for your insights on a NTE that was given to me. It states that I was under Breach of Trust which under the companies rules is under Extreme Offense. It is explained as Giving False statements or testimonies and/or concealing any material information in an investigation authorized or conducted by the company. As well as Breach by the employee of the trust reposed in him by management or by a company representative. Concealment of one's knowledge to the commission of fraud, deceit or other forms of dishonesty.

Some background on the case. I have been brought up on charges that I intentionally did not process a travel plan for one of the people under me. That personal differences made it so that it was not processed. This issue was said to have happened almost a year ago, or exactly around May of 2013.

It also states that a month ago during a conversation I had with my boss and his boss that I allegedly admitted that I intentionally did not process it due to pride.

So this was the breach of trust stipulated and that my boss needed to show this alleged admission as evidence.

This case was first brought to the attention of the senior manager last year around May 2013. Complainant and I were placed in one room and this was discussed. Both sides were heard and a decision was reached that we are to make up and work together. A few more months, the complaint on the non processing of the travel plan was submitted directly to our HR department and an HR representative was present during the discussion with the complainant and several members of the management team. During this proceeding several other issues were raised like powertripping, bullying and physical abuse. Again both sides of the story was heard, manager asked the complainant what she was wanted to achieve and she said that she wanted justice and what I deserve. When asked what did I deserve, complainant was not forth coming on what she thought was proper punishment. Meeting was adjourned with the action plans that we were to be civil to one another.

So March of this year another HR submitted complaint was done and I was given a NTE on the issue of the non processing of the travel plan. I was given 5 days to answer and a hearing will be set. I have requested for two weeks extension as I wanted to consult.

First I would like to ask if this is Double Jeopardy? Although it was not filed as a civil or criminal case in a court however the HR department should function as an arbitrary body right and thus this can be recognized as the 2nd instance of being pursued for the same case right? Also I have to note when I expressed my dismay of this rehashing of the same case over and over again , HR said that the instance where someone from their department was present it was not documented. Is that even valid?

Second, I would like to ask if this can be construed as Harassment already since it is the same person using most of the same cases and issues again and again over a period of less than a year. Can unjust vexation be used as well since I already left that department and this issue keeps on being reused again and again.

Third, my boss who says that I admitted allegedly can I counter with libel? Which I know is very hard. Since there are no written or audio recorded on the alleged admission shouldn't the burden or Proof of truth be with them on this matter?

I hope to hear any insights on this case.

View user profile

2 help please on Thu Mar 27, 2014 11:23 am

john galt


Arresto Menor
pabump up po ng help request

View user profile

3 Re: Breach of Trust Extreme Offense on Thu Mar 27, 2014 12:21 pm

concilii


Arresto Menor
JUST answer them first and wait for their REPLY.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

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