This is in response to the Citation Action Record for Conduct Infraction – Part 1 (CARI1) that was issued by Mr. Raymond Padua last March 31, 2015 for the March 27, 2015 incident that happened.

On the said CARI1, Mr. Padua put an alleged violation on the Attendance Policies (Book 1) and the standard operating procedures and office protoicols (Book 2) of the Company’s Code of Conduct 2015; to be specific the violations are as follows:

BOOK IVIOLATION OF ATTENDANCE POLICIES

Absence on Identified Critical Work Day

Extension of a previously approved leave despite the denial of the request

BOOK IIVIOLATIONS OF STANDARD OPERATING PROCESSES AND OFFICE PROTOCOLS

Failure to observe prescribed standards of work, or to fulfil reasonable work assignments due to inefficiency or failure to attain work goals or work quotas, either by failing to complete the same within the allotted reasonable

period, or by producing unsatisfactory results. This shall be without prejudice to the provisions of the policy on performance management of the department/program, if any.

Let me start my stand on the first provision that was allegedly violated:

Absence on IDENTIFIED critical work day, declaration of critical work days are indeed a company’s prerogative in managing attendance during holidays or days that absences are foresseed ro be rampant [1] , however, declaring such should still be fair and reasonable to the welfare of it’s employees not to mention, employees should be well informed and proper signed off should be done so that proper documentation was followed [2].

In the incident that happened March 27, 2015. I agreed that i am absent due to some reasons that i disclosed via text messages to Mr. Raymond Padua, at exactly 03:35PM (MNL) last March 27 asking for an approved leave since i already filed a leave for March 26 and March 27, 2015, last March 17 in which 10 days was given to have an approval to my immediate superior as per policy on Vacation Leave filing [3]. Mr. Padua then replied at around 07:42PM (MNL) stating the following (as translated):

“Henry, please don’t do this to me again ”

In which i replied stating my reasons why i will not be able to have my shift that day (please see attached annexures on the screenshots of my conversation with mr. Padua). But despite the said reasons, Mr. Padua was still sending me text messages forcing me to come in and stating that,t that day was a Critical Work Day (CWD) to which i was not aware of, since i can’t remember signing anything stating that MARCH 27, 2015 is an identified critical work day. And as per process, we the HR Team, were sending e-mail messages to all employees if ever we will be declaring CWDs on a specific date/s. Together with the e-mail message a valid sign-off will be getting by the respective HR-POCs for the said memorandum, to which Justine Joseph Baril was my HR-POC (for support).

In Relation to the third provision that was allegedly violated:

Failure to observe prescribed standards of work, or to fulfil reasonable work assignments due to inefficiency or failure to attain work goals or work quotas, either by failing to complete the same within the allotted reasonable period, or by producing unsatisfactory results. This shall be without prejudice to the provisions of the policy on performance management of the department/program, if any.

In the provision stated above I cannot argue more that --- if proven --- it is indeed a non tolerable habit or behaviour of any of our employee. But lets go have this provision dissected and let me give you an insight if this is really violated on the incident that happened last March 27, 2015.

It is indeed true that: On March 27, 2015, HR-ER organized an event as a culminatinga ctivity for the graduation themed week as mention by Mr. Padua in my CARI-1. I cannot accept the fact that i was given a provision like this duen to inefficiency (allegedly) since if we will be defining inefficiency it will be defined as:

“Any acts or omissions on the part of the employee resulting in damage to the employer or to his business. Lim vs. NLRC, G.R. No. 118434, July 26, 1996.) “

As per definition alone, it is indeed an inefficiency if there was a damage to the business or to any of the company’s representatives. And as per checking i can’t remember anything that has been damaged due to my absence Last27th of march.

Furthermore, an allegation such as this is not falling under failure to observed prescribed standards of works, for the reason of I was able to endorsed everything to my colleague prior to my Leave as well as I made my self available during that day thru phone calls in which i had received calls from Justine asking for things that should be done. [Kulas Ideas & Creations, et al. vs. Alcoseba and Arao-Arao, G.R. No. 180123, February 18, 2010, Carpio Morales, J.]

I also wanted to quote what i read in one of my books in Strategic Human Resource Management, the author said that, “Planning is as important as Project Implementation”. It is indeed panning is the heart of any successful activities, for which planning is the start of everything. Successful planning will constitute successful implementations.

As per incident report given by Mr. Padua on my CARI-1, to quote: “...it is one of our major activity for the month, which you knew since YOU WERE THE ONE WHO EVEN CREATED the concept, SCHEDULED the date and time of the activity...” in the above quoted comment of Mr. Padua, it is clear that i am the one who planned and organized the said Quiz Bee activity, i even rendered an unpaid OT just to make sure everything is polished and everything is in placed when the activity hits in (please see attached traktime snapshot last March 25, shift – Wednbesday – prior to my leave). That’s why i was rattled when i saw this provision was given and such comment was stipulated on my CARI-1. Furthermore, readinga nd understanding my explanation above it is clearly explained taht commitment was never an issue with me and it will never be, for i am very commited in succes of the company and the success of the team. Taht is proven by previous incidents that happened that i even rendered Ots, RDOTs and the likes just to finished everything in time and be prepared for what will happen for the next week.

This is the first and the only time that i was not able to attend an activity because i was on planned leave since my sisters are graduating in High School and Elementary to which this is an event of their life taht i as an older brother should not missed for whatever reason it will be. Thursday, i wenty home and was surprised that the sister of the husband of my Auntie died due to diabetes, maybe you will argue that its not really a blood related family memeber, I AGREE. However, the one wqho died was there during my entire childhood and was able to take care of me and had been a very valuable part of the family. In which, i let my manager knows about that prior my shift, following the proper call in procedure.

http://sc.judiciary.gov.ph/jurisprudence/2012/april2012/192190.htm

http://sc.judiciary.gov.ph/jurisprudence/2012/april2012/185829.htm

http://attylaserna.blogspot.com/2012/05/failure-to-meet-sales-quotas-is-valid.html

https://attycortes.wordpress.com/2014/02/01/productivity-standards/