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My friend and I were currently working in an inhouse financial account. Due to an emergency family matter (her granma is dying) he needed to go to their province and was not able to advise accordingly because of poor signal in the area. he was absent for 5 days. no Return to work order was provided. after several days of the incident he was caught by one of the compliance team with his phone inside the production floor since he is waiting for a text message from someone who will bring his ID and locker key in our building for him to get his stuff needed in taking calls. bringing of mobile phones and gadgets are mostly prohibited in most companies and is subject for dismissal and even ncns is subject for dismissal as well . we are under a company which has a pointing system for absences and late. As per compliance team process once an employee was caught the fone must be confiscated to gather evidence that will support any investigation moving forward. but it was not done. We just want to seek legal advice since no hearing were done but notice to explain was asked from my friend. He stated everything that ive said in this post. One of the team manager talked to him and discuss about the termination and was given an option to resign. Which at first my friend was about to agree with. But ive told him not to since proper process was not followed. We just need to know what can we do and and any legal help thank you.
From our handbook it is stated that after 3 consecutive no call no show incident a return to work order should be issued which was not done completely. For the mobile phone incident fone was not confiscated and was not checked which again the process was not followed. and for the pointing system for attendance 8 points which is more likely equivalent to more than 2 days is for dismissal and handbook states that disciplinary action should be issued immediately which was not followed again since my friend is still in the company and was on training for another skill.
From our handbook it is stated that after 3 consecutive no call no show incident a return to work order should be issued which was not done completely. For the mobile phone incident fone was not confiscated and was not checked which again the process was not followed. and for the pointing system for attendance 8 points which is more likely equivalent to more than 2 days is for dismissal and handbook states that disciplinary action should be issued immediately which was not followed again since my friend is still in the company and was on training for another skill.
