Sample Questions Guide on Administrative Conference for Gross and Habitual Neglect of Duty
Sample questions are provided below to help practitioners in conducting administrative conference involving employee being charged of an offense. In this sample scenario the employee is being charged with gross and habitual neglect of duties.
To learn the principles on employee discipline, it is best to have a copy of Atty. Elvin B. Villanueva’s Guide to Valid Dismissal of Employees Second Edition.
Likewise, learn how to craft and formulate your company policies for purposes of discipline in a book How to Design and Formulate Company Code of Discipline by Atty. Villanueva.
Preliminaries:
Good morning!
Thank you everyone for responding to our invitation. This is a hearing/conference for Ms. Febie Ya for the charge of gross and habitual neglect of duty, violation of company policies.
Based on attendance record, we have the presence of:
Nogoli and Magminits, who represent HR
Atty. Notalo, who represents the management
Ms. Ya, who is the employee being charged
Atty. Humetaw, is Ya’s counsel
Sample Attendance Sheet
HEARING / CONFERENCE FOR MS. FEBIE YA
April _____ 20___
| NAME | DESIGNATION | CAPACITY / ROLE | SIGNATURE |
| Angelina Nogoli | HR Manager | HR / Hearing Officer | |
| Atty. Lagiwin Notalo | In-house Counsel | Company lawyer | |
| Febie Ya | Billing Clerk | Employee Being charged | |
| Atty. Garave Humetaw | Counsel for Ms. Ya | ||
| Febie Reth Magminits | HR Staff | Minutes Taker |
As a rule, in the course of proceeding, only Ms. Ya will answer the question. Atty. Humetaw may advise her privately but he cannot answer the question for Ms. Ya. The body is not empowered to rule on any objection. So, if there is any objection it will be noted and Ms. Ya will continue to answer the question.
Minutes of this proceeding will be taken. Audio recording will also be made.
Yes or no answer must be verbalized for recording purposes.
Is everyone ready?
- Ya, it shows in our record that you received a copy of the NTE dated __________, on __________, is that correct?
- There is a signature in the company’s copy located at the bottom, is that your signature?
- On record, we also received a handwritten reply purportedly coming from you. Is this your written reply?
- There is a signature at the bottom of this written reply, is this your signature?
- In the NTE, the facts of the charge state as follows: (Quote material portions of the notice to explain)
“___________________________________________________”
- Notably, due to alleged neglect to send billing statement the company now has an accumulated receivable from tenants of about P2.4 Million during span of two (2) years. Is this correct?
- You were given five (5) calendar days within which to submit your reply. On ________________, we received your handwritten reply. In your handwritten Reply, you state that you should not be issued disciplinary action as you were not remiss in your duties. It just so happened that the duty of computing clinic rental was part of the job of the Billing Clerk that you alleged you were not supposed to refuse. That you were the only one doing it and distributing it alone which you were able to do only when you were on duty in the billing. You said that you could not leave your post most especially if there was a lot of patients for discharge. The same thing happens when you were at admitting. You also mentioned that when you delivered a child you also the one doing the billing for clinic rentals. You had to go to the hospital as there were those getting the billing.
- We will show you a sample copy of the property rental that you issued for the past years. How long does it take you to make a single billing statement for property rental?
- How many of this billing statement do you make in a month?
- If there are 26 days in a month that you have to do this, and you have to do on billing statement per day how long will it take you to make one per day?
- So, for a mere _____ minutes, you could not find time to do this billing daily such that they piled up for such huge amount in number of years?
- When do you send out the billing? How long does it take you to send each billing to the tenants? How many times in a month that you have to do this?
- You mention that you attend to other duties, how many extra duties do you handle on average per day? How long does it take you to attend to each one? How many hours you have in a day to do this? You mean you cannot allot _____ minutes to make a billing during these hours?
- You also mention that you could not leave the extra duties to make a billing statement. Why, do you have to leave your desk to make a billing? What machine do you use to make it? Where is that machine located?
- Who has control over said machine? Isn’t it you who requested to be issued said unit and the software used to prepare the billing statement?
- It appears in our record that you committed the following offenses previously and were properly penalized
- Absences without leave
- Failure to indorse the check paid to you by a tenant
- Failure to clock in for 2 occasions
- Bringing in visitors in restricted area
Closing Statements:
Thank you for sharing your view.
This is a mere fact-finding body. It is the top management that will make a decision on this case based on our findings.
If there is any other you want to share, testimonial or documentary, don’t hesitate to provide us a copy within five (5) days from now.
Thank you!
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