Termination for a just cause

Good afternoon!

I would just like to seek some legal advice. I am working as an HR Officer in this small company. My first task is to handle the termination of an employee handling a managerial post.

The past few months, this VP for operations have been slacking in his work. The management has already called his attention on his negligence through a memo. Then last saturday, the EVP accidentaly left his notebook containing some work related and confidential information in the store. The VP for operations got the notebook with full knowledge that it was the EVP's, took a peak and carried it inside the office. While inside, he stood on a blind corner not seen by CCTV Cameras. We don't know what he exactly did. But the EVP assumes that the VP OPS read his notebook and felt that his privacy was violated with the mere act of carrying his notebook around when the VP for Ops could have returned it sooner. The President gave him a written memo asking him to explain his side on the allegations brought against him, which is to be submitted today, June 14 at 12 noon. YEsterday, the VP Ops received the memo without complaint and hesitation as to the time frame set.

But at the same he tendered his resignation effective 45 days after. The EVP does not wanna prolong his stay in the organization and asked him to resign on June 15 instead.

Back to the case, it's 3:20pm and he still hasn't submitted his response. As HR is it safe and lawful for me to assume that he waived his right to explain himself and that the management can now proceed to evaluating the allegations brought forth. And since the EVP and the President saw his actions to be conduct unbecoming leading to the loss of trust for him, can we now proceed with termination? I mean, we have given him a chance to explain himself, but he didn't.

Are our actions still legal?

Thank you!

redg_devera wrote:Good afternoon!

I would just like to seek some legal advice. I am working as an HR Officer in this small company. My first task is to handle the termination of an employee handling a managerial post.

The past few months, this VP for operations have been slacking in his work. The management has already called his attention on his negligence through a memo. Then last saturday, the EVP accidentaly left his notebook containing some work related and confidential information in the store. The VP for operations got the notebook with full knowledge that it was the EVP's, took a peak and carried it inside the office. While inside, he stood on a blind corner not seen by CCTV Cameras. We don't know what he exactly did. But the EVP assumes that the VP OPS read his notebook and felt that his privacy was violated with the mere act of carrying his notebook around when the VP for Ops could have returned it sooner. The President gave him a written memo asking him to explain his side on the allegations brought against him, which is to be submitted today, June 14 at 12 noon. YEsterday, the VP Ops received the memo without complaint and hesitation as to the time frame set.

But at the same he tendered his resignation effective 45 days after. The EVP does not wanna prolong his stay in the organization and asked him to resign on June 15 instead.

Back to the case, it's 3:20pm and he still hasn't submitted his response. As HR is it safe and lawful for me to assume that he waived his right to explain himself and that the management can now proceed to evaluating the allegations brought forth. And since the EVP and the President saw his actions to be conduct unbecoming leading to the loss of trust for him, can we now proceed with termination? I mean, we have given him a chance to explain himself, but he didn't.

Are our actions still legal?

Thank you!

Assuming too much can be deadly. At best, you have circumstantial evidence.

Your VP is entitled to at least 5 days to reply to the memo issued by the president. (G.R. No. 166208)

The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. “Reasonable opportunity” under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint.

You may be looking at a constructive (or illegal) dismissal case against the company.

Thank you for that reply.

I am then thinking, instead of going on with the deliberation, can we just schedule a hearing asking him to respond and defend himself and evaluate from there? We can also inform him that he may bring counsel should he wish to.

Thank you!