Jump to content

aNtipAtiKa

[04] MEMBER II
 View Profile  See their activity

  • Posts

    195

  • Joined

  • Last visited

 Content Type 

Posts posted by aNtipAtiKa

    Free Legal Advice

    in Legal

    Posted

    My mom has been serving as Officer-In-Charge (OIC) Manager in a cooperative since April 2, 2007. She was given an appointment by the BOD which expires and had to be renewed every six (6) months. Last year no appointment was given/ presented to her. It is in the cooperative’s policy that “Probationer/ Casual Employee rendering two (2) years continuous service will be considered Regular with the Approval of the Board of Directors.”, thus it gave her an understanding that she is already a Regular employee of the cooperative just like other employees who rendered two or more years of continuous service without proper appointment documentation..

    Last March 23, 2010 during the 23rd General Assembly Meeting, election was conducted. Two were re-elected and one was newly elected as BOD. On March 28, immediately after the first meeting as new set of elected BODs, mom was told verbally that she will no longer act/ serve as OIC Manager. She was informed that the newly elected BOD has moved for the motion to remove her from post.

    The Board of Directors being responsible for the strategic planning, direction-setting and policy-formulation activities of the cooperatives shall likewise be responsible to review if there are already existing rules and policies concerning the issues to address and the needs to attend to in the cooperative. Whatever decisions they would have to come up to may affect the day to day operation of the cooperative.

    Part of the Article 42 of the Philippine Cooperative Code of 2008 (RA 9520) states “All officers shall serve during good behaviour and shall not be removed except for cause after due hearing. Loss of confidence shall not be a valid ground for removal unless evidenced by acts or omission causing loss of confidence in the honesty and integrity of such officer.” Further, with regards to the Administrative Discipline stated under the Human Resource Management of the cooperative “Without prejudice to the applicable provisions of Coop by-laws, no employee of the coop shall be removed or suspended except for cause as provided by law and after due process”.

    Under the Philippine Labor and Employment, Due Process means the right of an employee to be notified of the reason for his or her dismissal and, in case of just causes, to be provided the opportunity to defend himself or herself. Just causes refer to wrong doings committed by the employer or employee on the basis of which the aggrieved party may terminate the employer-employee relationship. In a termination for just causes, due process involves the two-notice rule:

    1. A notice of intent to dismiss specifying the ground for termination, and giving to said employee reasonable opportunity within which to explain his or her side;

    2. A hearing or conference where the employee is given opportunity to respond to the charge, present evidence or rebut the evidence presented against him or her;

    3. A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify the termination.

    My mom filed a complaint against the BODs to the Cooperative Development Authority copy furnished the National Labor Relations Commission, pursuant to the provision of Section 8, Republic Act No. 6939, authorizing the Cooperative Development Authority to mediate and conciliate disputes within a cooperative or between cooperatives.

    My question, could my mom file court charges against them already kahit wala pa po sagot ang CDA? Please advise us kung ano pa po mga dapat namin gawin and if there are chances that my mom could win this case.

×
×
  • Create New...