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
Disclaimer: The articles found on this blog do not constitute legal advise, and engagement/discussion does not signify professional client relationship. Likewise, subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
No one bring anyone as they were not told. The company has their own attorney and that attorney was only present during one hearing. The employee was not aware that an attorney was present. Yet, she continued with the hearing as she thought that was the process. Then she found out that the rest didnt have an attorney interrogating them during the hearing. The HR was there, no any other staff not even the management in the production team.
who is facilitating the admin hearing, HR or the Atty? What is the job title of the Atty (employee or retainer) ?
I have a question. Let’s say there were 3 people who had the same issue and they had admin hearing. However, only one of them had an attorney during the hearing who conducted the process, with the HR not saying anything but just recording the minutes. Do you think it’s unfair? When can it be the company’s prerogative? I assume what happened was personal threat.
I will assume that the NTEs given to the 3 employees all contain an advise that should they want to bring a representative of their choice (lawyer or not), they can. Perhaps only 1 decided to bring one, while the rest opted not to have anyone. In this case, it is not unfair
This is so helpful, Sir Bong and Sir Sonnie! Thank you so much for sharing this with us!
Is a lawyer necessary in an admin hearing, regardless of issue committed by the employee? not a criminal case or anything legal , just job related, like customer complaints.
it is optional. the employee is given that if s/he wants to bring one in the hearing. on the part of management, it is also their prerogative
If the erring employee asked the need to record the admin meeting, aside from transcribing purposes, what else can we advise them?
record mean, audio recording? if you are recording it, just give him a copy.
Sir,
Saan po ba dapat gagawin ang administrative hearing like po nasa cebu ako pero main office namin sa davao
if saan tinakda ng hearing officer. normally, yung nag facilitate ng admin hearing ang pumupunta sa site where admin hearing will take place
Because I am not in the corporate world, it is easy for me to disregard the process itself. However, as I read, I thought the administrative meeting process could be useful as I grow my own organization. At the same time, I have one question: What if a participant refuses to be recorded?
http://www.amazinglifedaily.com
per advice of legal minds, we cannot continue with the recording
Your topics here are so helpful. I’m familiar with this process because I used to be with HR and the BP officers always held administrative meetings. This should be a big help to those conducting and expecting to attend in that way they can both be prepared.
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