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Good Day,
I was diagnosed with Upper Respiratory Tract Infection last Oct. 25 ( see attached Medical Certificate ) and was given 2 days rest but it wasn’t enough. Because no one can take over the classes and our manager is not capable of handling the classes as well despite being ill, I continued handling 3 separate classes ( training ) simultaneously and was even doing double shift for days when one trainer was no longer reporting to work, one Trainer had to take her vacation leave and supervisor was on sick leave..- Few days after doing double shift, I got so sick again so I called in to my direct supervisor to take days off ( Last November 3, Friday and 6,) because I was very ill, It was approved and authorized by our supervisor and I followed the proper call in procedure ( my manager was also notified ).
To my surprise, Last Wednesday, 8 November 2017 6:42 AM my manager served a notice to explain to me regarding the abovementioned absences and tagged me as No Call No Show/AWOL, of which I responded on the same day (Wed 11/8/2017 9:01 PM). – explaining my side, the reason why I was out and that it was authorized by our immediate supervisor.
Last Friday, 15 December 2017 my manager and an hr personnel called my attention and had me sign the immediate 5-day suspension with Final Written Warning without proper admin hearing or due process.
Our employee handbook states :
1.1.1. Step II. Investigation, Inquiry, and Validation
1.1.1.1. An Administrative Hearing is mandatory if:
• When requested by the employee in writing
• Substantial evidentiary disputes exist
• A company rule or practice requires it, or
• When similar circumstances justify it
1.1.1.2. In the interest of fairness, the investigation shall proceed as follows:
• Interview the employee;
• Interview/ask anyone involved or who may have knowledge of anything related to the case;
• Allow the employee to bring forth his witnesses.
1.1.1.3. All investigations shall be put in writing and shall be part of the case record.
1.1.2. Step III. Review prior to Decision
1.1.2.1. Human Resources shall be consulted for all types and levels of infractions to determine if the employee has previous violations on record.
1.1.2.2. In investigating and deciding on a case, the following factors should serve as a guide to the immediate superior in determining if he should be meted a penalty that is higher or lower than that provided in this Code:
• Gravity or impact of the offense on the organization
• Impact on the client
• Extent of the negligence
• Employee’s past disciplinary record (if any)
• Performance record
• Other elements that may mitigate or aggravate the offense
The Notice Of Decision was given to me at exactly 45 days right after I submitted my response to the NTE.- I believe it should be given 5 to 10 days after the response was received which might make the NTE/NOD null and void.
I really think the suspension was inappropriate and unfair on my part, all I did was to help the training team meet our targets regardless of what challenges I was facing that time.- I only took 2 days of approved and authorized absence to rest, yet I got suspended. I have all the necessary documents that support my claim.
I appreciate your time re this matter, in addition, I have expressed my intent to resign effective February 13, 2018.
I was diagnosed with Upper Respiratory Tract Infection last Oct. 25 ( see attached Medical Certificate ) and was given 2 days rest but it wasn’t enough. Because no one can take over the classes and our manager is not capable of handling the classes as well despite being ill, I continued handling 3 separate classes ( training ) simultaneously and was even doing double shift for days when one trainer was no longer reporting to work, one Trainer had to take her vacation leave and supervisor was on sick leave..- Few days after doing double shift, I got so sick again so I called in to my direct supervisor to take days off ( Last November 3, Friday and 6,) because I was very ill, It was approved and authorized by our supervisor and I followed the proper call in procedure ( my manager was also notified ).
To my surprise, Last Wednesday, 8 November 2017 6:42 AM my manager served a notice to explain to me regarding the abovementioned absences and tagged me as No Call No Show/AWOL, of which I responded on the same day (Wed 11/8/2017 9:01 PM). – explaining my side, the reason why I was out and that it was authorized by our immediate supervisor.
Last Friday, 15 December 2017 my manager and an hr personnel called my attention and had me sign the immediate 5-day suspension with Final Written Warning without proper admin hearing or due process.
Our employee handbook states :
1.1.1. Step II. Investigation, Inquiry, and Validation
1.1.1.1. An Administrative Hearing is mandatory if:
• When requested by the employee in writing
• Substantial evidentiary disputes exist
• A company rule or practice requires it, or
• When similar circumstances justify it
1.1.1.2. In the interest of fairness, the investigation shall proceed as follows:
• Interview the employee;
• Interview/ask anyone involved or who may have knowledge of anything related to the case;
• Allow the employee to bring forth his witnesses.
1.1.1.3. All investigations shall be put in writing and shall be part of the case record.
1.1.2. Step III. Review prior to Decision
1.1.2.1. Human Resources shall be consulted for all types and levels of infractions to determine if the employee has previous violations on record.
1.1.2.2. In investigating and deciding on a case, the following factors should serve as a guide to the immediate superior in determining if he should be meted a penalty that is higher or lower than that provided in this Code:
• Gravity or impact of the offense on the organization
• Impact on the client
• Extent of the negligence
• Employee’s past disciplinary record (if any)
• Performance record
• Other elements that may mitigate or aggravate the offense
The Notice Of Decision was given to me at exactly 45 days right after I submitted my response to the NTE.- I believe it should be given 5 to 10 days after the response was received which might make the NTE/NOD null and void.
I really think the suspension was inappropriate and unfair on my part, all I did was to help the training team meet our targets regardless of what challenges I was facing that time.- I only took 2 days of approved and authorized absence to rest, yet I got suspended. I have all the necessary documents that support my claim.
I appreciate your time re this matter, in addition, I have expressed my intent to resign effective February 13, 2018.
