The Elizabeth Seton School management with the assistance of its legal counsel
is guided by the following Administrative Rules and Regulations in promoting
discipline and proper conduct within its community of workers in accordance with
the Labor Code of the Philippines, “The employer has the prerogative to instill
discipline in his employees and to impose reasonable penalties, including
dismissal, on erring employees pursuant to company rules and regulations” (SMC
vs NLRC, G.R. No. 87277, May 1989).
The
Provisions stated in this document are based on the mandated policies of
Philippine Department of Labor and Employment and the Department of Education
ensuring just and fair proceedings for all concerned.
Employee Discipline Tribunal
Employee conflicts and violation of school rules and regulations are undesired
yet unavoidable circumstances in any organization. The management therefore of
these events is handled by the HRD Unit who is responsible for the processing of
cases with particular interest for the truth and the issuance of commensurate
penalties based on the Administrative Rules and Regulations to those involved to
ensure proper and just discipline of all concerned.
“The employer has the prerogative to
instill discipline in his employees and to impose reasonable penalties,
including dismissal, on erring employees pursuant to company rules and
regulations” (SMC vs NLRC, G.R. No. 87277, May 1989)
In pursuance of creating a responsible and just community, the
The court has already set fourth what is now known as the “cardinal
primary” requirements of due process in administrative proceedings in reference
to employee discipline, to wit: (Azucena, 2001)
1.
The right to a hearing which includes the right to present one’s case and submit
evidence in support thereof;
2.
The formation of a tribunal that must consider the evidence presented;
3.
The decision must have something to support itself;
4.
The evidence must be substantial, and substantial evidence means such evidences
as a reasonable mind might accept as adequate to support a conclusion;
5.
The decision must be based on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected;
6.
The tribunal or body of any of its judges must act on its or simply accept the
views of a subordinate;
7.
The board or body should, in all controversial questions, render its decision in
such a manner that the parties to the proceedings can know the various issues
involved, and the reason for the decision rendered.
In response to such requirements, the Elizabeth Seton School Human
Resource Development Unit has formulated the Employee Discipline Tribunal (EDT);
a body which handles serious employee discipline cases including but not limited
to concerns related to sexual harassment. The ESS EDT is composed of three (3)
randomly selected members of the school community who are
not directly involved with the
proceedings of the case and a representative of the HRD Unit.
Composition
The ESS EDT is composed of three (3) randomly selected members of the school
community who are not directly involved with the proceedings of the case
and a representative of the HRD Unit.
Selection of Tribunal Members
·
A copy of the most recent school rooster is used as reference for the selection
of EDT members
·
Names of employees with known biases, related to the case and those the “accused
employee” prefers to inhibit from the case hearing are removed from the list
·
The remaining names are distributed according to the following categories:
o
Management / Supervisor
o
Teaching B / Staff
o
Faculty
·
The “accused employee” draws one name from each category and gives approval of
the selected list. This shall be the last opportunity for the employee to
request for the adjustment of the selected members of the EDT.
·
The final list of names are contacted by the HRD Office for briefing
·
The HRD representative, personally selected by the HRD Head, will assume the
position of the presiding officer but will not have any decision making powers
in the case
·
An employee may request exemption from participation for valid reasons such as
work load (but must be supported with evidence of over load) and familiarity
with the case or the employee concerned
·
EDT members after their service are exempted from participation in future cases
for two school years after which their names are returned for raffle.
Job Description
Randomly selected members of the EDT are to adopt the following job
descriptions during case proceedings:
1.
Attends case meetings
2.
Reviews submitted references, evidences and materials in relation to the case
3.
Creates a list of interviewees to witness the case and prepares corresponding
questions in reference to the interview session
4.
Represents the school as witness for other court proceedings, if necessary
5.
Ensures the confidentiality of information at all times
6.
Recommends a decision to the President for implementation
In recognition of the sensitive roles of the EDT members, the following decorum
and behavior shall be expected of those selected:
·
All information provided to the EDT members must be kept confidential
·
Evidence gathered and provided to the EDT members must be destroyed after the
case
·
A level of secrecy within the community must be maintained during the hearings
to avoid aggravating the situation or stressing the concerned employee
·
No communication with other EDT members must be held outside the scheduled
sessions
Guidelines
The following guidelines shall serve as the guide book for all Tribunal
participants:
1.
It shall be the responsibility of the HRD Head to brief the selected EDT members
with regards to the case, its background and possible consequences for the
offense. It should also be emphasized that the HRD Head must remain unbiased and
avoid giving personal comments to avoid influencing the decision makers
2.
The EDT is given no more than fifteen
(15) working days to investigate and recommend a decision
3.
The HRD representative shall be responsible for the following:
o
Gathers and reproduces evidences ensuring their proper labeling and distribution
to all concerned
o
Scheduling of case hearings
o
Notification and briefing of interviewees
o
Ensure the proper pacing and sequence of interviews
o
Ascertains the proper behavior of the tribunal members during case hearings
o
Provides assistance to tribunal members in relation to the case
4.
All case hearings will be recorded and the final interview transcribed for the
reference of the HRD Head
5.
The EDT decision making will be done in the presence and with the guidance of
the HRD head no more than 15 days after the 1st meeting
6.
The final decision need not be unanimous; a majority wins policy will apply.
7.
The draft of the final decision will be prepared by the HRD Head and signed by
the members of the EDT for endorsement to the President.
A member of the EDT may not inhibit in
decision making on the last day.
8.
Recommendations given by the EDT are not final and executable without the
approval of the school President.
9.
The approved final decision will be addressed to the accused and will be issued
to the concerned with the approval of the President
Appeal
It shall be the right of the employee to appeal his case after a decision has
been made. A letter in reference to this request must be addressed to the
President and a copy must be submitted to the HRD for review.