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TERMINATION FOR AUTHORIZED CAUSE VS. JUST CAUSE

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vane


Prision Mayor
What if an employee is terminated due to redundancy (authorized cause) of course, the 30 days effectivity of the said termination shall be observe by both parties (EE and ER). What if while observing the said 30 days, the employee committed a serious violation tantamount to termination (just cause) of her employment, do we have to consider the first memo which is termination for authorized cause and just disregard the case against her? or the termination for authorized cause will be null and void since she committed a serious violation making her entitlement to separation pay invalid?

Thanks!

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council


Reclusion Perpetua
vane wrote:What if an employee is terminated due to redundancy (authorized cause) of course, the 30 days effectivity of the said termination shall be observe by both parties (EE and ER). What if while observing the said 30 days, the employee committed a serious violation tantamount to termination (just cause) of her employment, do we have to consider the first memo which is termination for authorized cause and just disregard the case against her? or the termination for authorized cause will be null and void since she committed a serious violation making her entitlement to separation pay invalid?

Thanks!

I'd say the case (just cause) should be processed until a decision is made, then implement. In theory that could cause her separation pay to be diminished or totally cancelled altogether.

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vane


Prision Mayor
so sir, if ever it is proven that the employee violated a company policy, it is legal to cancel her entitlement to SEPARATION PAY?

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council


Reclusion Perpetua
vane wrote:so sir, if ever it is proven that the employee violated a company policy, it is legal to cancel her entitlement to SEPARATION PAY?

Yes, the termination would take effect immediately, while the redundancy would be in a few days or weeks after.

In redundancy or retrenchment situations, best to have clauses that protect the company against "damages" by employees. Or pay out the employee not to come in to work anymore.

Imagine if after declaring a redundancy, the employee commits a crime in the office - that's going to be a big headache. Would you ignore it because he is due to be separated in a few weeks time?

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vane


Prision Mayor
what if the effectivity of the termination(authorized) will be on the next day and the process of investigation (for the violation) will take much longer, so the effectivity of the authorized termination will first take effect than to the just cause termination? is this an advantage of an erring employee?

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council


Reclusion Perpetua
vane wrote:what if the effectivity of the termination(authorized) will be on the next day and the process of investigation (for the violation) will take much longer, so the effectivity of the authorized termination will first take effect than to the just cause termination? is this an advantage of an erring employee?

Yes.

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vane


Prision Mayor
okay, got it.thanks

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