Welcome, Guest
Username: Password: Remember me

TOPIC: HR Malpractice

HR Malpractice 6 years 10 months ago #597

Good day! I just need po an advice regarding po sa case we encountered with HR. Medyo mahaba po ito. please bear with me.
I am from a call center company working as Quality Specialist.
5 po kami na naka receive ng notice to explain regarding the issue. Before that, the complainant confessed na nag auto pop up yung Yahoo Messenger sa PC station nya as auto sign in with my co employee's name and password. Yung co employee po namin is included from us na naka receive ng NTE.Yung pop up showed daw ung name ng complainant na pinag uusapan sya behind her back. That's why the complainant decided to raise this to HR and HR send us this case
Here it is:
-Circulating rumors and /or derogatory stories/remarks against another person or against the company (whether true or not) at anytime inside company premises, during company initiated activities or while on scheduled shift
-Maligning, making discriminatory remarks, uttering obscene and offensive remarks and/or intriguing against the person of honor of another employee which tends to cast dishonor, discredit or contempt upon the latter
Kaso po when we saw her evidence, hindi po ung auto pop up ung pinakita don. Its the conversation history. Also, between the conversation of 2 people, di po namin nakita yung names namin sa evidence but still na include kami sa case. We also thought that time, na since pinakialaman ng complainant yung YM ng kasamahan namin without asking for permission she invaded her privacy and at the same time di po dapat ma push through yung case.
Then, we made our NTE's. It stated on NTE that we have 5 days period to explain then magkakaron ng admin hearing. But 2 days after we receive the NTE, our supervisors together with the HR, talked with us to somehow settle the issue before the admin hearing. They only talked with 5 of us. The conplainant is not with us during that meeting. They kept on asking the same questions over and over on why we are talking that way to that person. We only stated that its a personal conversation. To make the story short, na push through ung admin hearing.
On that admin hearing, we were able to explain our sides. Then during the hearing, we asked the complainant on how the issue has spread if none of us talked about it. She said she didnt know. But there's 2 people testified that they have read the conversation from start to end. The complainant let them read the conversation. We proved that the complainant lied during the hearing.
Days after the admin hearing, lumapit kami sa HR kung ano po yung nangyari sa case, 3 of us were removed from the case but the 2 left received an IR regarding the same case. the 2 involved didnt sign the IR kasi they thought na invalid yung evidence and they shouldn't receive any IR. And then, we havent heard anything from HR. we didnt know what really happened to the complainant if she received anything.
We filed a counter charge against the complainant for the following case:
-Knowingly furnishing false, misleading or grossly inaccurate data or information to persons duly authorized to received the same, arising out of the employee’s or failure to discharge his duties to make personal research, investigation or verification which acts causes prejudice to the company.
-Circulating rumors and /or derogatory stories/remarks against another person or against the company (whether true or not) at anytime inside company premises, during company initiated activities or while on scheduled shift
-Maligning, making discriminatory remarks, uttering obscene and offensive remarks and/or intriguing against the person of honor of another employee which tends to cast dishonor, discredit or contempt upon the latter
HR signed our coubter charged and informed us na mag send siya ng NTE to the latter.
After a day, she sent an email, that those cases that we filed for her are already been served as an IR so voided na daw yung counter charge namin. We dont have any evidence supporting na she served that IR to that person. We asked for the documentation but she never replied.
Until now, the issue is not closed. To those scenarios stated, is there any HR Malpractice na mailalapit namin sa DOLE? Because we are being aggravated sa issue that we cant finish our tasks and responsibilities. Our names are dragged from different department sa kasalanan di namin ginawa. Is there any action we can take further for a fair judgment? Kasi based from our supervisor the complainant never received an IR but the HR claimed that she did.
We only want a fair judgement. Im looking forward for your response. Thank you.
The administrator has disabled public write access.

HR Malpractice 6 years 10 months ago #602

  • Atty. Libayan
  • Atty. Libayan's Avatar
  • OFFLINE
  • Administrator
  • Please contact us for all your legal needs.
  • Posts: 3361
  • Thank you received: 354
  • Karma: 49
Why don't you try complaining to the company administration first? I think they are the ones who can act on this matter. The issue is minute, involving a company-formulated grievance machinery.

It would not hurt though to try and file a complaint with the DOLE.
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
The administrator has disabled public write access.
Time to create page: 0.049 seconds
Powered by Kunena Forum ::

CONTACT US NOW!

Philippine Lawyers

We go live to answer all your questions

Free Legal Advice Every Wednesdays and Fridays
at 6:00 pm

Facebook Event | YouTube Channel

Season One

Episode 1:  August 31, 2018

Facebook Video | YouTube Video

Episode 2:  September 7, 2018

Facebook Video | YouTube Video

Episode 3:  September 13, 2018

Facebook Video | YouTube Video

Episode 4:  September 21, 2018

Facebook Video | YouTube Live

Episode 5:  September 28, 2018

Facebook Video | YouTube Video

Episode 6:  October 5, 2018

Facebook Video | YouTube Video

Free Legal Advice

IMPORTANT NOTICE

If your predicament is urgent; or, when your case is already pending in court; please do not opt for the free legal advice. It is best to get in touch with a lawyer the soonest possible time. I answer all queries here personally but sometimes it may take time because of my busy schedule. Rest assured all will be answered but the time is indefinite. Thank you for understanding.

Ranny Randolf B. Libayan

OFFICE HOURS

9:00 AM TO 5:00 PM Monday to Friday

We are also open for appointments on weekends

It is best to contact us for an appointment if you decide to visit us so you will be given priority

SERVICES WE OFFER:

Philippine Law Firm

Representation

We will represent you in court, administrative, and other tribunal hearings.

Law Firm in Taguig

Notarization

We provide notarization and drafting of all kinds of legal documents.

Notary Public

Legal Consultation/ Retainer

We provide the best legal advice about anything legal whether it be via retainer or just one time.

Philippines Free Legal Advice

Free Legal Advice Online

We provide free online legal advice just proceed to the forums.