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Built Up Termination? PLEASE HELP

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1 Built Up Termination? PLEASE HELP on Mon Oct 26, 2015 7:21 am

pdpter14


Arresto Menor
1. Can you be served an NTE unsupported by a written document or recorded discussion from the apparent complainant?
2. Is it true that Labour Code allows HR to do this despite the absence of no 1.?
3. Can you later be served anoter NTE while the first one (No1) as not be resolved?
4. Assuming no 1 is not valid due to the absence of complainant both in document and person, would no 3 still be valid since this was known due to factors comming out from no 1.

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2 Re: Built Up Termination? PLEASE HELP on Mon Oct 26, 2015 10:31 am

council


Reclusion Perpetua
pdpter14 wrote:1. Can you be served an NTE unsupported by a written document or recorded discussion from the apparent complainant?
2. Is it true that Labour Code allows HR to do this despite the absence of no 1.?
3. Can you later be served anoter NTE while the first one (No1) as not be resolved?
4. Assuming no 1 is not valid due to the absence of complainant both in document and person, would no 3 still be valid since this was known due to factors comming out from no 1.

1. Anything that may be considered as hearsay, and not having any documentation might not be valid in the issuance of an NTE. But there may be some situations that an NTE can still be served.

2. I do not recall any specific provision.

3. Yes, it is possible if it is different, or if it is an additional detail which may or may not be related.

4. Generally no. But there may be circumstances which would allow it.

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3 Re: Built Up Termination? PLEASE HELP on Wed Oct 28, 2015 7:24 pm

pdpter14


Arresto Menor
Thank you Council. First would it be ok with you if I can call you personally so I can tell you the entire story.

1. What kind of situation may merit such an exemption? HR served the NTE after they were asked why they were asking the employee who resigned and no longer reports to work if he would still consider to file or formalise a complain against the other. Aside from this said employee replied back saying no as he was merely consulting them.
2. The second NTE came about during thier effort to support the first one. Instead of supporting the first they found other points not related to first.
3. During the admin hearing for the second NTE points were mentioned that required them to go back to some persons mentioned and verify statements said. Should they have called for a second NTE to relay the results of thier verification and provide the accused employee to counter again?

Please advice.

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4 Re: Built Up Termination? PLEASE HELP on Wed Oct 28, 2015 10:38 pm

attyLLL


moderator
don't focus on the procedural issues. consider whether there is actual evidence to support the accusations.


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