2019 WORKSHOP CASE NO.

1:
ANG KAPAL MO -- BOSS HAYUF KA SIR! FACEBOOK POST

THERESA REYES (a probationary employee) posted a long story on her

Facebook page dated 15 March 2018 that she was sexually harassed by
BOSS HALIK HAYUF, in order to warn other employees similarly situated in
Kolokoy Company. She admitted that because her performance appraisal
was coming up, she agreed to meet with Boss Hayuf outside company
premises at the Palayok at Sandok Restaurant in Pasay for lunch, as she
wanted to find out whether she may be given additional or special work to
augment her performance appraisal.

After having lunch, the Bossessor asked her if they could go back to the
company, as he decided to give her a special project which he was likewise
working on. Because it was a very sensible suggestion, she agreed to ride
in Boss Hayuf’s car on the way back to the company offices. While they
were inside the vehicle, Theresa narrated the following:

1 | 2019 ADMIN INVESTIGATION CASE: KAPAL MO BOSS HAYUF KA SIR!

Para sa lahat ng mga probationary employees ng KOLOKOY company, be warned! Loko
itong boss na ito – classic case of sexual harassment! This happened a few hours ago –
napepeste pa nga ako hanggang ngayon. PUCHA KA TALAGA. GRABE SOBRA KA
SIR!!! ANG KAPAL NG MUKHA MO – BOSS KA PA NAMAN!!! Tingnan ninyo kung di
kayo mainis sa pangayayaring ito!

Boss: So what should I call you? What is your nickname?

Theresa: Techie po.
Boss: Techie, pasensya na pero talagang medyo tagilid yung mga evaluation mo sa akin
at sa iba mong supervisors. If you want to improve, you need to take additional work like
a special project.
Theresa: Sigue sir, kung ano po yung tingin mo that I should do, okay lang po.
Boss: Talaga? Kung ano po yung tingin ko, gagawin mo? (Tapos tawa siya ng malakas
with matching kindat; medyo naibahan ako sa statement niya).
Theresa: Sir? Ano po yon?
Boss: I will hold you to your statement na payag kang gawin yung tingin ko that you should
do.
Theresa: Sir, I meant that if you feel I should accept a special project or assignment.
Boss: Hahahah. Akala ko… hahahah (sabay kindat ulit).
Theresa: Sir, ikaw ha, sobrang pabiro ka.
Boss: Seriously, gusto mo ba talaga mag-special project? Nako, baka mahihirapan ka
kasi kailangan ko agad ito sa reporting in two days.
Theresa: Bakit naman po? I think I can do it naman – pagtiya-tiyagaan ko yan sir.
Boss: Maraming research ito – statistical data natin sa company and i-address yung
medium term development plan ng mother company natin.
Theresa: Grabe naman yun sir. Pang-doctorate level naman yata yan. Wala bang ibang
special assignment.
Boss: Eh pano nga? Wag ka na mag special project or assignment? Iba nalang gawin mo
– hahahah! (kindat pa more!)

AT this point, kinakabahan na ako kasi I could see that he was bringing the car on a longer
route to the SoGo Motel a few blocks away from the Company offices. Parang iba ang
gusto niyang mangyari. Nagcellphone na ako at tinext ko boyfriend ko kasi kinakabahan
na ako.

Boss: Oh pano balak mo? Gusto mo wag ka na mag special project; iba nalang gawin mo
kasi baka lalo kang bumagsak kung ipapasa ko sa iyo itong research!
Theresa: Sir, iba na lang po sanang assignment. Baba na lang ako dito.
Boss: Ikaw naman, di na mabiro.
Theresa: Sir, ibababa mo nalang ako dito.
Boss: Pambihira ka naman, nagbibiro lang ako. I will bring you to the Company offices
and ibibigay ko na yung research project.

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Theresa: No sir, I decided I will just abide with whatever performance appraisal you will
give me. Bababa na ako (buti nalang na-traffic kami so I was able to open the car door.
Hindi naman niya pinilit ako mag-stay sa kotse).

Within a few hours after she posted the above incident, her Facebook post
gained 9,383 likes, 782 comments, and 315 shares.

The following morning however, the HRD of Kolokoy Company received a

complaint from Boss HAYUF charging Therese with serious misconduct for
having posted libelous statements against him, and ruining his professional
reputation. Therese also filed a complaint with the HRD of Kolokoy Company,
charging Boss Hayuf with sexual harassment.

Background information per 201 file of THERESE REYES.

THERESE REYES is a probationary employee at Kolokoy Company; she is

a graduate of Business and Information Management who got on through a
scholarship. She is assigned to the Marketing Office, immediately reporting
to Boss Hayuf. She reports for work at 8:30 a.m. and times out at 5:30 p.m..
She comes from a low-income family; her father has not been able to find a
stable income since his retrenchment five years ago while her mother is a
public COMPANYteacher. She had once been crowned Miss Kalayaan in
her hometown of Kalayaan, Laguna. Her 201 file reveals no record of
misdemeanors and has had a perfect attendance in the department where
she was assigned since she started working.

Background information per 201 file of BOSS HAYUF:

BOSS HAYUF has been an employee of Kolokoy Company for the last eight
(8) years, and is the brother of one of the minority stockholders of the
company. He is a multi-degree holder (BA Tourism, MA in Business
Administration, and MA in Hotel Operations; a former Director of the Manila
Chapter of the Philippine Hotel Managers and Tour Operators Association.
He is 48 years old, married with four children and has recently celebrated his
18thth wedding anniversary. His record is unblemished, and is a well-liked
and respected member of the company.
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TO DO:

1. Conduct an administrative investigation. You will be given time of

approximately 1.5 hours to investigate and to make recommendations.
It will be up to your group to determine who are the necessary parties to
be called to the investigation.

2. What possible infractions could be charged against Therese? Against

Boss Halik Hayuf? What process should be undertaken? Is there
substantial evidence establishing the infractions?

3. On the basis of your findings of facts as culled from the administrative

investigation, may Boss Hayuf be terminated for cause under the Code
of Conduct or the Labor Code?
4. On the basis of your findings of facts, may Therese be terminated for
cause under the Code of Conduct or the Labor Code?

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 KOLOKOY COMPANY
STAFF MANUAL
CODE OF CONDUCT

C. BEHAVIOR

INFRACTION 1st 2nd 3rd 4th 5th

1. Undermining
COMPANY authority in the WW 7dS 15Ds
presence of supervisors,
clients or other employees.
2. Coercing or making
false, vicious, or malicious
statements against the WW 16- D
COMPANY, its 30d
administration, staff, S
clients as well as its
programs and other
operations.
3. Manifestations of
partiality, prejudice or WW 16- D
discrimination against the 30d
employees. S
4. Disorderly behavior
such as drunkenness,
indecent
conduct/activities, sexual 30dS D
harassment, or promotion
or participation in gambling
within office premises
5. Soliciting, requiring
money or service, and/or
collecting and receiving
money or gifts in exchange 30dS D

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 for privileges, promotions
and similar concessions.
6. a. Proselitizing against
Catholic beliefs WW 7dS 15dS D
b. Propagation of non- WW 7dS 15dS D
Catholic beliefs
7. Unprofessional acts:
abusive behavior and/or
language towards clients,
suppliers, co-employees, WW 7d S 15d D
whether subordinates or S
superiors; embarrassing
clients, suppliers or co-
employees in public where
there is no physical injury
8. Inflicting or attempting to
inflict bodily harm to any 30dS D
person inside the
COMPANY premises for
whatever reason.
9. Grave public scandal
which may compromise
the COMPANY’s
reputation or operation.
Kolokoy COMPANY D
upholds the dignity of
marriage and family life,
and condemns abortion,
marital infidelity, pre-
marital sex, and live-in
arrangements.
10. Final conviction by a
court of law of a crime D
involving moral turpitude
and other serious
offenses.
11. Illegal possession
and/or use of drugs, D
deadly weapons.
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 12. Destroying or
destruction of COMPANY
property. WW 7dS 15dS D
a. due to negligence 15dS D
b. done deliberately
In both instances, the
employee is also liable to
pay the COMPANY for the
cost of the damage.
13. For part-time
employees, working in a 15 d D
competitor company S
without permission.

14. Robbery, theft,

pilferage misappropriation
of funds or any attempt D
thereof, from the
COMPANY or co-workers.
15. Smoking in campus is
prohibited. VW WW 3dS 5dS 7Ds
16. Refusal to submit or
failure to meet security WW 3dS 7dS 15dS 30dS
requirements of the
COMPANY.
17. Posting of
unauthorized materials on
the bulletin board or
removing, defacing,
tearing and mutilating, or
otherwise altering the
content or form of any WW 7dS 16-
official poster, 30d
announcement, memo, S
circulars, and other official
COMPANY documents
posted on the bulletin
board by the management;
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 or any other form of
vandalism.

18. Willful disregard of the

sanitation and cleanliness VW WW 3dS 7dS
program of the
COMPANY.
19. Violations of the
Philosophy and
Objectives, and the Code WW 7d S D
of Bossessional Conduct
for Faculty & Staff

Legend: VW – Verbal warning;WW – Written warning;#dS - #of day suspension; D - Dismissal

A. PRESENTATION OF THE CASE

A.1 TECHNICAL ASPECT

 Physical set-up

 Strategy used: fishing or

free-for-all

A.2 SUBSTANTIVE ASPECT

 Did group present the

problem well?

 Did the actors relate

fully with their roles?

 Did the admin panel

handle the
investigation in a
logical and orderly
manner?

 Manner of questioning
by panel
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 B. DECISION-MAKING ASPECT

B.1 What are the infractions

committed?

B.2 Were there substantial

evidence presented,
supporting the charges?

B.3 What was the decision?

What was the basis for the
decision?

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