Administrative Investigation, Discipline, and Termination
Program Overview
Employee misconduct does always happen in every organization. How do you handle a miscreant employee? With iron hands that would lead to discharge from the service or with understanding with a view to reform? It depends upon the gravity of the offense and the attending circumstances.
Disciplining an employee is one of the most challenging jobs of a people manager. Aside from the emotional issues, there are laws and jurisprudence that one had to contend with. Failing to observe these legal constraints may end up in a lawsuit which you might lose.
Consider these hard statistics, of thousands of cases filed annually with the NLRC, 75% are illegal dismissal cases. 67% are won by labor. Dismissing an employee, therefore, should be handled with care and caution. It’s bad enough to suffer litigation costs that may include moral, exemplary, actual costs and attorney’s fees. It’s worse as the decision for reinstatement orders you to immediately reinstate the employee and pay back wages pending appeal.
This course will teach you how to navigate the treacherous waters of discipline. The proper conduct of administrative investigation, the evaluation of evidence, the law and jurisprudence would provide you the nexus that would guide your decision whether to warn, suspend or discharge an employee. Laced with workshops it will enrich your knowledge and competence in handling discipline and administrative investigation in the workplace.
Above all, the course will help participants avoid the pitfalls of costly litigation.
Program Objectives
-Explore techniques in effective employee discipline
-Understand the foundations of labor-management relations
-Acquire comprehensive knowledge and skills of labor-management relations processes in a corporate setting, specifically in administrative investigation and grievance handling
-Empower line supervisors and other concerned personnel in the enforcement and administration of company rules and employee discipline
-Address issues and concerns regarding CBA provisions
Program Outline
- Role of Managers and Supervisors
- Overview of Labor Relations
· Definition
· Legal Basis
· Labor Relations Framework
· Labor Relations Process
- Employee Discipline
- Concepts
- Types
- Rules and regulations
- Disciplinary actions
- Guidelines in administering discipline
- Administrative Investigation
- Stages of an administrative investigation
- Documentation process
- Twin Notice Rule
- Interplay of Rights in AI
- Legality of Dismissal
- Serious Misconduct
- Willful Disobedience
- Gross and Habitual Neglect of Duties
- Fraud/Breach of Trust
- Commission of crimes