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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » AWOL but employee sue the company

AWOL but employee sue the company

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1AWOL but employee sue the company Empty AWOL but employee sue the company Sat Oct 19, 2013 12:31 pm

kelgm_169


Arresto Menor

Hi!

An employee was AWOL, AWOL letter sent to the employee three times to report and state an explanation, but didn't come in. We didn't file an establish termination report to DOLE. Now the employee sued us for illegal dismissal.

What to do?

Thanks!

2AWOL but employee sue the company Empty Re: AWOL but employee sue the company Sat Oct 19, 2013 2:13 pm

alexisbantilan


Reclusion Perpetua

It is assumed that the employee filed constructive dismissal complaint against your company. Is this first occurrencce?or were there's initial sanction you had issued to this employee?

3AWOL but employee sue the company Empty Re: AWOL but employee sue the company Sat Oct 19, 2013 3:41 pm

kelgm_169


Arresto Menor

This employee, is always absent and tardy. Aside from that, her work is always under par, many damages was produce from the production. Everytime she is absent, we always ask her to write and state her reasons for being absent. We never sent out an AWOL letter until she is absent for 3 consecutive days. We did give her warnings in the past, but prior to the long absent, we suspended her for a week due to being tardy for the whole month of June and major damage was incurred in the production, not once she did come in on time for the said month.

What is the best thing to counter her?

4AWOL but employee sue the company Empty Re: AWOL but employee sue the company Sat Oct 19, 2013 3:56 pm

alexisbantilan


Reclusion Perpetua

Check your company code of conduct and issue proper sanctions and of course due process. If you think she's too much you can issue suspension memo based on your code of discipline. Are you his superior?or are you from HR dept?

5AWOL but employee sue the company Empty Re: AWOL but employee sue the company Sat Oct 19, 2013 4:04 pm

kelgm_169


Arresto Menor

We are a small company only, we don't have any HR. Basically, I am her supervisor. For the code of conduct, we don't have. All the basics of a company is what we tell them upon accepting the employee to work for us. No tardy, we do allow them to be absent as long they write and state reasons. Anyway, we have all proof of AWOL letter that we sent out, even the registered mail and proof that she accepted the letter as well.

Is our case versus hers is sufficient?
Thanks!

6AWOL but employee sue the company Empty Re: AWOL but employee sue the company Sat Oct 19, 2013 4:13 pm

alexisbantilan


Reclusion Perpetua

I think its difficult for you to prosper, basically you have set of rules and penalty.
Kung baga, pano mo kasuhan ang tao kung di mo alam ikakaso mo?

7AWOL but employee sue the company Empty Re: AWOL but employee sue the company Sat Oct 19, 2013 4:26 pm

kelgm_169


Arresto Menor

I see... Noted!
Thanks for the help!

8AWOL but employee sue the company Empty Re: AWOL but employee sue the company Mon Oct 21, 2013 9:36 am

HR Adviser


Reclusion Perpetua

If you only sent out Notice to explain, you could simply argue that she is not dismissed but was only asked to explain and therefore, her charge for illegal dismissal is baseless. You may send me a PM should you need further advise in handling labor cases.

Smile

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