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Grave misconduct to charge or not

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1 Grave misconduct to charge or not on Sat May 16, 2015 12:44 am


Arresto Menor
Place of Scenario : Construction Small Company
Involved : Worker vs adminstration / HR
Case : Tampered Biometric record / Bundle clock

Worker S, get caught due to tampering his record by changing clock time to early to prevent being late. His been doing this for a year when the HR found out what he did and filed him grave missconduct.

- Court states a tansgression of some established and definite rule of action, more particularly, unlawful behavior or gross neglisgence by a public officer.

Grave misconduct
- Has elements of corruption, willful intent to violate the law, or to disregard established rule.

Scenario Question 1: construction company (HR) did not discuss the rules and regulation of the company or does not have physical copy of the rules regualtion,threfore worker S claimed that he was not informed, can he be aquittied by the charge?

Scenarario Question
2 : Company does not have predefined or established rules and regulations and only verbal rules are being implemented, can worker S be aquitted if no physcal rules and regulation are being presented or implemented?

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2 Re: Grave misconduct to charge or not on Sun May 17, 2015 10:46 am


Reclusion Perpetua
employee acted on bad faith,,
some basic rules regarding employment doesn't necessarily in black and white, its an unwritten codes.
like 1+1=2, alam yan ng employedo, the fact na inaadjust nya ang clock... offense na yan.

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3 Re: Grave misconduct to charge or not on Tue May 19, 2015 12:22 am


Arresto Menor
Thank you Sir, na discuss na samin, same po ng sinabi nyo.

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4 Re: Grave misconduct to charge or not on Wed May 20, 2015 7:58 am


Reclusion Perpetua
welcome, come back anytime

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