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Tag - due process

27 May

Valid Dismissal – Right to be Heard

The post below is based on the book Guide to Valid Dismissal of Employees (pp. 36-38) An HR practitioner must understand the basic principles of due process, security of tenure and management prerogative in the discharge of functions involving dismissal of employees or discipline. Dismissal is an act that must be taken with extra caution since employer-employee relationship presents two rights that must be placed in perfect equipoise otherwise the legal consequence would be costly. Complete appreciation of doctrines, legal basis [...]

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15 Mar

Agreement to Terminate Employee Without Due Process is Void

Grand Placement and General Services Corp. (GPGS) hired Mr. Rutcher Dagasdas (Dagasdas) as Network Technician to be deployed to Industrial & Management Technology Methods Co. Ltd. (ITM) in Saudi Arabia. He was under contract for one year. Dagasdas’ Job Offer indicated that he was accepted by Aramco and ITM for the position of “Supt.” He contended that although his position under his contract was as a Network Technician, he actually applied for and was engaged as a Civil Engineer. When Dagasdas [...]

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23 Feb

CHARACTERISTICS OF A CODE OF DISCIPLINE (First of Two Parts)

The following are some of the characteristics of a Code of Discipline: The Code is not a standalone object in the workplace. It is integrated and even forming part of the company’s well being. It is aligned with the purpose of the organization. It allows employees to behave in a way that is consistent with the values of the organization and in line with its laws and regulations. Being a common expression of aspiration and guiding principles, it is a collaborative [...]

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21 Feb

WILLFUL DISOBEDIENCE AS GROUND FOR DISMISSAL

Balais vs. Se’lon by Aimee G.R. No. 196557, June 15, 2016 Facts: Balais narrated that he was Salon de Orient’s senior hairstylist and make-up artist when respondent Amelita Revilla (Revilla) took over the business. Revilla, however, retained his services as senior hairstylist and make-up artist. Under the new management, Salon De Orient became Se’lon by Aimee and respondent Alma Belarmino (Belarmino) was appointed as its salon manager, who was in-charge of paying the employees’ wages, dismissing erring employees, and exercising control [...]

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