Major Teoh’s Blog

October 18, 2007

Change Management (1)

Filed under: Management — ASKSonnie @ 7:45 am

Article was first posted at: http://sesantos.com.ph/2007/04/17/change-management/
Change Management (2) is available here

Because of one or more determinants, a tipping point may be created that will result to a season of growth. This will propel business to expand or a blog to increase its bandwidth due to increased readership. Leaders and blog owners must be able to make concrete decisions to address the demand, thus, change management skills is critical.

Let me borrow an illustration used by Dr. David E. Sumrall, undershepherd of Cathedral Of Praise– Manila, when effecting change. It’s like navigating a tanker vis-a-vis a small boat. To change the course of a small boat is easy, but for a tanker, it takes proper calculations, space and timing before steering the ship.

Growth = Changes = More Growth or Plateau

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September 29, 2007

CSR: Handicapped and Elderly Friendly Environment

Filed under: Management — ASKSonnie @ 5:09 pm

SM @ UN

Being sensitive to the needs of persons with disability, breast feeding mom’s and elderly, and building SM malls friendly to their condition has been one of the primary goals of SM Supermalls management. This effort has been recognized both here and abroad.

September 9, 2007

Due Process Of Law In The Philippines

Filed under: Industrial Relations,Management — ASKSonnie @ 8:32 pm

Finally, my How To Lose Your Job series can be closed 🙂

On August 29, 2007, it was an honor to handle one of the break out sessions of the 1st HR Philippines National Convention and I handled the discussion on Employee Discipline. Using the same approached I employ with fellow HR practitioners, I would like to close this series by discussing Due Process of law from the point of view of management.

In the Philippines, Employee Discipline is one of the rights an investor or capitalist can use to ensure a profitable operations.

Success of industries is the foundation upon Which just wages may be paid. There can be no success without efficiency. There can not be efficiency without discipline…”

Batangas Transportation Co., et al vs. Bagong Pagkakaisa ng mga employees and Laborers of BTCo., GR No. L-1706 March 10, 1949

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February 21, 2007

More on Misconduct

Filed under: Management — Major (Rtd) Teoh @ 2:39 pm

1. What is a misconduct?
A misconduct is the commission and/or the non-commission of an act which is incosistent with the fulfilment of the express or implied terms of the conditions of service.

2. What are the types of misconduct?
There are two types of misconduct, vis-a vis, minor and major misconduct. A minor misconduct is one that does not attract dismissal as a punishment whereas a major misconduct does. Whatever it is, before a punishment is dished out or dispensed, even a simple warning, an inquiry must be held,

3. What constitutes an inquiry?
An inquiry can either be formal or informal depending on the seriousness of the misconduct. The elements of natural justice must be incorporated into an inquiry, the absence of any one of the limbs of natural justice, such as: (i) No one can be a judge in his own cause (‘Nemo debet essa judex in propria cause’), (ii) Hear the other side (‘Audi Alteram Partem’), will render the inquiry invalid.

In an hypothethical case in which an errant employee comes late for work for the first time, by asking him, “Why are you late?” would constitute an inquiry. As this is a minor misconduct and dismissal is not at the back of your mind, therefore a due inquiry such as this suffice.

But if it is a serious case such as theft or smuggling of drugs into the work place, a formal inquiry with a panel duly appointed and the proceedings properly documented should be contemplated because dismissal will definitely be at the back of your mind when the errant employee is found quilty as charged.

For the above reasons that is why I recommended that HOD should handle minor offences and HR handle major offences.

4. The case for the HOD
When a minor misconduct is reported to the HOD, the HOD should investigate and establish whether there is a prima facie case or not? If there is, he then summons the errant employee to explain his actions or inactions.

Depending on the errant employee’s explanation, the HOD could either throw the whole report out, if the HOD accepts his explanation or warns him if his reasons or explanations are not accepted. In a unionised environment, the union could insist that the HOD withdraws the warning letter if it is found to be mala fide, and/or issued without just cause and reason.

5. When does a minor misconduct becomes a major misconduct?
A minor misconduct can become a major misconduct if it becomes habitual and without any abatement.

6. Can a major misconduct be inquired into in a very informal way?
If the offence is serious enough to attract dismissal as a punishment, it is advisable not to. A proper vebatim documentation of the whole proceedings, from beginning to end, is recommended. All these records should be made available when your actions are challenged in the open courts.

7. What are the types of punishment available by law?
Section 14 (1) confers the right of an employer, after due inquiry to do either one of the following:

(a) dismiss without notice the employee;
(b) downgrade the employee; or
(c) impose any other lesser punishment as he deems just and fit.

Sub-section (a) and (b) above, are quite clear and definite. In sub-section (c), it could be implied that the employer is free to:

(a) impose fines
(b) transfer
(c) with-hold increment and make stoppages of pay;
(d) depriviation of bonus, full or partial.

In the past, the Industrial Courts will not vehemently oppose to the employer’s decision to any of the above but will usually view it as “too excessive” and reduce the quantum. What is “just and fit” for one party will not be “just and fit” for another. It is debatable.

Just sharing.

Regards,

Major (Rtd) Teoh

February 17, 2007

Who should issue warning letters?

Filed under: Management — Major (Rtd) Teoh @ 9:58 am

 Who should issue warning letters?

Humbly I would suggest that HOD should handle all minor offences and HR should handle major offences which attract dismissal as the ultimate punishment.

Anything up to a warning letter or a show cause letter should be handled by HOD.

In a small organisations it is quite normal that HR handles everything. But as the organisation grows, so will the duties and responsibilities. ‘Besar periuk, besar keraknya.’ Therefore, it is only logical that the duties be spread and shared.

It is also a matter of whether you want to decentralise and to empower or not.

By decentralising and empowering you free yourself from the shackles of mundane and routine job to concentrate on value added activities like transformation HR, organisation development.

This will leave you free to concentrate on being a contributing strategic partner to the organisation which you belong..

There is nothing wrong in sharing with your downliners some aspects of HR. After all, every manager is a HR manager. I am not sure whether you subscribe to this line of thought or not but it is a fact.

By involving your downliners, you are indirectly involving them in decision making; collective responsibility thus creating a very cohesive and tightly knitted team.

One should not be afraid of teaching. One should not be selfish, The more you give, so shall you receive. They say an HR’s job is never done.

A good HR manager is one who can delegate not abdicate; one who can empower and yet be in control and one who can go on extended leave without being bothered with the nitty gritty problems.

If your staff have to consult you at every turn and corner, there is something terribly wrong with them. It merely shows that they are unable to make decisions and could be that they are also afraid to make decisions.

“Boss takdak. Boss cuti”.

“So what?”

Just sharing.

Regards,

Major (Rtd) Teoh

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