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Illegal Suspension

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1 Illegal Suspension on Tue Feb 16, 2016 6:16 pm

jakiwis


Arresto Menor
Hello,

I would like to ask about Illegal Suspension. This is because I feel I was suspended without due process.

I had an incident at work, where words were exchanged. After a few months I was called to an "Interview" by the company investigator with the compliance manager on the phone. In the "interview" the incident was discussed where I gave my side. Around a month after the "interview" I was given a Notice of Suspension regarding my actions. The suspension was effective immediately

It was weird because I was never given a notice to explain in writing and the interview had other charges against me and I had to defend myself. All I was given was already a notice that I will be suspended. Also, I felt the sanction was too harsh when I was given 5 days where in our handbook it was only 3 days on a 1st offense.

I already filed with NLRC but the company lawyer said that the fact that they discussed it with me even verbally that was already a notice and the fact that I replied to their questions it was already my explanation. I find that irregular.

Now the case will be for arbitration but I do not have a lawyer yet, I would like to know my chances on this if I am just fighting a losing battle. I am still employed with the company, I just want this to show that what they are doing is wrong in suspending people without due process.

Thank you in advance.

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2 Re: Illegal Suspension on Wed Feb 17, 2016 10:26 am

council


Reclusion Perpetua
jakiwis wrote:Hello,

I would like to ask about Illegal Suspension. This is because I feel I was suspended without due process.

I had an incident at work, where words were exchanged. After a few months I was called to an "Interview" by the company investigator with the compliance manager on the phone. In the "interview" the incident was discussed where I gave my side. Around a month after the "interview" I was given a Notice of Suspension regarding my actions. The suspension was effective immediately

It was weird because I was never given a notice to explain in writing and the interview had other charges against me and I had to defend myself. All I was given was already a notice that I will be suspended. Also, I felt the sanction was too harsh when I was given 5 days where in our handbook it was only 3 days on a 1st offense.

I already filed with NLRC but the company lawyer said that the fact that they discussed it with me even verbally that was already a notice and the fact that I replied to their questions it was already my explanation. I find that irregular.

Now the case will be for arbitration but I do not have a lawyer yet, I would like to know my chances on this if I am just fighting a losing battle. I am still employed with the company, I just want this to show that what they are doing is wrong in suspending people without due process.

Thank you in advance.

This may indeed be a failure to observe due process and You may be entitled to nominal damages.

While their procedure itself may be flawed, your admission and/or replies to their questions may be valid in determining the sanction.

However, after all this, you may wish to look for employment elsewhere.


To clarify, the following should be considered in terminating the services of employees:

(1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. Reasonable opportunity under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

(2) After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.

(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.

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3 Re: Illegal Suspension on Wed Feb 17, 2016 1:17 pm

jakiwis


Arresto Menor
Thank you for the reply.

That was also what the lawyer said with regards to the sanction given to me. The biggest problem was that I am still employed with the company. It was like "Oh well you got suspended but let's move on" I mean easy for them, I lost 5 days worth of pay because of that.

May I ask since this will already be for arbitration, would I rather just stop the proceedings and then leave the company or continue fighting on? I do not have a lawyer yet to help me with a position paper and I doubt I can write one well.

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4 Re: Illegal Suspension Today at 2:02 pm

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