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Suspension due to a facebook post

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1 Suspension due to a facebook post on Wed Oct 05, 2011 4:17 pm

black_mamba29


Arresto Menor
I am given a suspension for 12 days without pay due to a post i made on facebook about my co-employee.

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2 Re: Suspension due to a facebook post on Wed Oct 05, 2011 4:22 pm

black_mamba29


Arresto Menor
need legal advice po

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3 Re: Suspension due to a facebook post on Wed Oct 05, 2011 7:12 pm

attyLLL


moderator
were you given a notice to explain? did you file your explanation and an admin hearing conducted?

what did you say about your co-worker?


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4 Re: Suspension due to a facebook post on Thu Oct 06, 2011 8:49 am

black_mamba29


Arresto Menor
to attyLL

yes sir i was given a notice to explain, i filed it but there was no admin hearing conducted.

2 months has already passed before the suspension was given.

the complain stemmed from a post i made in my facebook, referring to my co-worker as being manipulative and "bakla", it was a way of mine to blow of steam because of the former spreading rumors about me.

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5 Re: Suspension due to a facebook post on Thu Oct 06, 2011 11:38 pm

attyLLL


moderator
imo, a 12 day suspension is a bit harsh, but if you will contest it, you can file a complaint at the nlrc.


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6 Re: Suspension due to a facebook post on Fri Oct 07, 2011 9:00 am

black_mamba29


Arresto Menor
Thank you for the advice Sir. God bless.

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7 Re: Suspension due to a facebook post on Fri Oct 07, 2011 3:29 pm

black_mamba29


Arresto Menor
Sir attyLLL,

I just received a memo from our HR Executive Director regarding my appeal, that the decision imposed on me (6 days suspension without pay) for the case, calling my officemate "manipulative", was upheld. While the case for calling "bakla" (also 6 days suspension without pay) is deferred, pending a review.

Sir can i still make an appeal, or file a complaint with nlrc, regarding the upheld decision?

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8 Re: Suspension due to a facebook post on Fri Oct 07, 2011 10:26 pm

attyLLL


moderator
is manipulative the word you used? i can't imagine imposing a suspension for that. you can contest the suspension at nlrc


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9 Re: Suspension due to a facebook post on Sat Oct 08, 2011 9:48 am

black_mamba29


Arresto Menor
yes sir, "manipulative" is the word i used

Sir, i just got a copy of our CBA

in Article XII, Section 5

it states that: If no administrative action is conducted by the HRD Director within ten (10) working days from knowledge by the department head/officer-in-charge or the security office of a violation by an employee of University rules/policies and regulations and offenses enumerated under Article 282 of the Labor Code as amended, the case shall be considered closed.

can i used this to file for another appeal?

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10 Re: Suspension due to a facebook post on Sat Oct 08, 2011 11:07 am

black_mamba29


Arresto Menor
sir i got an explanation from our Union president regarding Section 5, the HRD did not violate it.

but with regards to Article XII, Section 4

which states that: No employee shall be dismissed, suspended or demoted except for a just and lawful cause and after due process. The employee concerned shall be informed in writing of the charges against him and shall be allowed representation by counsel or a Union Representative at any investigation or hearing.

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11 Re: Suspension due to a facebook post on Sun Oct 09, 2011 3:42 pm

attyLLL


moderator
you should inquire with your union. they are in a better position to help you.


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