Today, hundreds of HR managers, labor relations lawyers, and school administrators who manage universities, colleges, and institutes are attending a big conference here in Manila, on managing their teaching and non-teaching personnel. As the main speaker of this convention, aside from the fundamental principles and procedures on leading and managing people in academic institutions, I am discussing in today's forum the latest decisions promulgated by the Supreme Court this year. These rulings on management prerogatives, from hiring to retiring employees, will guide our HR and LR practitioners in making decisions involving their institutions. I have made an extensive research on the subject and wrote two volumes that can definitely help both management and the personnel, as well as DOLE and NLRC officials and staff.
In the case of UNIVERSIDAD de Sta Isabel (GR 196280) decided on April 2, 2014, the Supreme Court clarified that, when the probationary status of a faculty member overlaps with a fixed-term employment, the probationary status shall prevail. Thus, a full-time probationary teacher who has satisfactorily completed three years or six semesters of teaching, should be conferred a regular and permanent status. Management cannot claim that he is covered with a fixed-term employment. In the case of COLEGIO del Santisimo Rosario, (GR 170338, September 4, 2013), the court stressed that it is the duty of the administration to make known to the probationary teacher the reasonable standards upon which his performance shall be measured.
The Supreme Court, in the case of INTERNATIONAL SCHOOL, Manila (GR 167286, Feb 5, 2013), the court emphasized that management may terminate a regular faculty's employment for gross incompetence in teaching a particular subject, like Pilipino. The court thus affirmed the decision of management to dismiss such a teacher, after due-process, for gross and habitual neglect of duties. However, in the exercise of compassionate concern for the poor workers who have not committed any serious misconduct, fraud or anything that betrays his integrity, management granted her separation pay of at least one month pay for every year of service. Social justice is proper here because the teacher here deserves compassion.
In the court's decision in the case of WESLEYAN UNIVERSITY (GR 181806, 12 March 214 ), it was clarified that management cannot, by a mere memo, withdraw or diminish existing benefits which are embodied in the collective bargaining contract. The contract entered into bilaterally cannot be amended or modified, much less abrogated by one party unilaterally. Contracts should be honored, and the personnel's benefits should be totally respected by both management and the union. Benefits must never be delayed. These and many others are showing how to treat people in academic institutions.
This is not the first time that I am speaking before thousands upon thousands of deans and administrators. But today, it is quite different. I can discern the hunger for information and the need to be well-informed of the latest thinking of the Supreme Court in managing academic and non-academic personnel. Many of the participants have bought copies of my books entitled THE 8 SECRETS FOR SUCCESS I N LEADING AND MANAGING PEOPLE. Today, I have answered many questions on both the substantive and procedural basis for decisions about people in universities, colleges, and institutes. They are very happy with this convention. They are going home with a lot of new things learned and insights gained. attyjosephusbjimenez@yahoo.com