Before continuing, please ensure you’ve read (1) How To Write A Notice To Explain Memo and (2) How To Write A Notice of Administrative Meeting Memo
An ADMINISTRATIVE MEETING is necessary for certain incidents or cases because (a) questions or clarifications need to be answered and (b) to provided the accused with an opportunity to explain further beyond the written explanation. This will also provide the investigating committee with a better and clearer understanding of what really transpired. Thus, better decision making and recommendation to superiors.
Prior to the administrative meeting, prepare the following :
- Meeting venue.
- You have requested for enough tables, chairs and at least water (and glasses)
The room is enclosed, secured without distraction, well lit and ventilated. Ideally outside the room are chairs where the others can sit and wait. - You have a recorder (most cellphones nowadays have audio recorders).
- You have assigned a person or person/s to take the minutes.
- You have all the documents, evidences ready. For audio or video evidences make sure
- you have requested audio and/or video equipment to play said audio and/or video
- Make sure you have test run these audio/video so you know it works and works properly.
- Prepare an agenda or at least who will be asked first. Usually this will be the order :
- The employee or person who wrote the incident report
- The witnesses
- The complainant, if any
- The superior of the employee being investigated
- The employee/s being investigated. (If there is more than one employee, meet them one at a time).
During the Administrative Meeting
- If applicable (because some companies don’t have a separate committee tasked to investigate), brief first the committee and advise them of their role during the administrative meeting. This is to ensure there will be no grandstanding.
- Start the meeting.
- Lay down the rules
- Advise the attendees that your are recording the meeting, thus, each one has to identify themselves (to associate the voice to a person) and concur to the audio recording.
- One question at a time (or one person talking at a time), and as chair of the committee, you shall be controlling “who has the floor” (or who can talk at a time).
- Read and explain the incident report
- the specific provisions that were violated
- impact of the incident to people and property; safety and security; company image and brand reputation.
- Present documentary and testimonial evidences
- Give ample time for the employee being investigated to answer the allegations against him/her.
- to bring a representative of their choice
- to present his/her own evidences
- Give opportunity for other attendees to ask question or clarify
- For any item which may have been forgotten, the person taking the minutes shall read the prior discussion
- Before dismissing the meeting, advise the attendees if there is a need for another meeting. If none, advise them how long will it take you to submit the resolution of the case.
- Lay down the rules
After the meeting, you have a week to complete the following:
- Evaluate the incident
- Prepare a case report for approval of management
- Issue a Notice of Decision Memo
Hello Good Day!
May I ask Sir if the private legal counsel of an eering employee can demand to the company a copy of conducted investigation of the said company before the admin hearing starts?
Good morning Alma. As Sir Sonnie replied, it’s yes. However to explain further. Due process is two-fold : substantive aspect and procedural aspect. Under procedural aspect it requires a First Written Notice, a hearing or conference and a second written notice. In turn, a hearing or conference requires the employer to give the employee (a) opportunity to explain and clarify their defense, (b) present evidence in their defense and (c) rebut evidence evidence presented against them. In their defense, the employee is given a chance to be assisted by a representative or a counsel of their choice. This assistance includes… Read more »
Yes, it is the employees right to know the substance of the case against him so s/he can defend him/herself property.
can the attendees only be the Complainant which is the Manager, the employee and the HR? do we need to get an attorney? is this necessary?
Good morning Aized
The answer is that depends :
1. Does your company have a clear policy on it?
2. Who is the “we” that needs to get an attorney, the company or the complainant or both?
3. If the complainant, be advised that Article 282 of the Labor Code: (ii) A hearing or conference during which the employee concerned, with the assistance of counsel if he so desires
Hope that helps
Bong