Machine Breakdown and Employee’s Failure to Report Defects

Imagine we have an employee who is a machine operator. The machine repeatedly breaks down, but our employee repeatedly fails to report to management the defects in the machine.

In one instance, he did not immediately report to his supervisor that the wire and conveyor belt of the machine needed repair. This caused the machine to breakdown completely. Had he reported it to his supervisor, it could have been avoided. Instances of machine breakdowns caused delays in production, and loss of profits for the company. Our employee was given several written memos directing him to explain his side.

To make the long story short, our employee was dismissed. Is the dismissal valid?

Continue reading “Machine Breakdown and Employee’s Failure to Report Defects”

Emotions has a Price Tag in Illegal Dismissal

confrontation-arguing-dismissalIn my previous post, I discussed a mistaken assumption of an employee being dismissed when he is actually not. In this post, it is now the employer’s turn to be mistaken.

In a workplace setting, the employer is the boss and, being the boss, what he wants he always gets. So the employees must obey. This is a typical setting in the Philippines.

But not all employees are equal. Though most are abiding, a few are assertive, whether rightly or wrongfully so.

If the assertive employee and a conservative boss engage in a confrontation, sometimes, an ungly scene happens. And if the relationship could not be patched up, the employee is dismissed or terminated.

But the assertive employee knows his rights, so he goes to the Department of Labor and Employment or the Regional Arbitration Branch  of the National Labor Relations Commission and files a case.

If the employer has sufficient evidence to prove a valid ground for the dismissal, it would be the end of it, though the process would take long, but eventually the employer prevails. Sure, this process could be quite expensive as he has to pay his lawyer.

But most often in heated confrontations, the employer’s emotions and rage takes the better part of him. The dismissal is not supported by a valid ground under the Labor Code and the employer becomes liable for full backwages, which means he has to pay the employee the latter’s salary until the labor case ends. This is not to mention separation pay, which is a significant amount if the employee has been in the company for a long time- one-month pay for every year of service.

In the end, emotions should be checked and should not be allowed to prevail over cold calculations and rational thinking. To allow emotions to take over is a costly but avoidable enterprise.

Note: Images courtesy of google and source websites.