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Question about JUST CAUSE?

4 posters

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1Question about JUST CAUSE? Empty Question about JUST CAUSE? Thu Aug 31, 2017 12:43 pm

ruzucoe


Arresto Menor

Hi Sirs,

Would like to confirm if the following is just cause for dismissal.

1. Serious misconduct - Evidence from a personal groupchat in facebook involving group of friends. (containing green jokes about another employee). no complain from the employee or anybody else was made to the management.

2. willful breach by the employee of the trust reposed in him by his employer - in the same group chat the employees are asking if the people that are served with SCN was at the office, the employee simply stated that yes they are and they are in the office of the manager. (is this considered as a breach of trust even though there is no order of non-disclosure of such things and the information is something that can be freely seen by all employees at the office.)

3. Selective dismissal - out of 15 people with both managers and r&F and supervisors they only terminated the supervisor even though the cases of the 14 others also involved forgery other than the serious misconduct and breach of trust while the supervisor didn't.

hoping for some clarity.

2Question about JUST CAUSE? Empty Re: Question about JUST CAUSE? Thu Aug 31, 2017 3:00 pm

lukekyle


Reclusion Perpetua

3. that is the company's prerogative. if they choose tonforgive some and not the others. recourse for the employee is to prove there is ill motive on part of the employer. eg employee has personal problems with the supervisor that is why he is being singled out

3Question about JUST CAUSE? Empty Re: Question about JUST CAUSE? Wed Feb 21, 2018 3:54 am

arnoldventura


Reclusion Perpetua

For no. 2, try reading this. https://www.alburovillanueva.com/termination-employment-loss-trust-confidence

4Question about JUST CAUSE? Empty Re: Question about JUST CAUSE? Wed Feb 21, 2018 10:38 am

HrDude


Reclusion Perpetua

1. This is not 'Serious Misconduct' - Absence of deliberate and malicious intent.
2. This is not 'willful breach by the employee of the trust reposed in him by his employer' - The determination of 'trust and confidence' should hinge on the authority actually possessed by employee.
3. Prove Malice then, maybe, you can contest decision.

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