Acesite Corporation vs. Nlrc

* Gonzales took several leaves (sick leave, emergency leave, and vacation leave), thereby using up all leaves that he was entitled for the year. * Before the expiration of his 12-day vacation leave, Gonzales filed an application for emergency leave for 10 days commencing on April 30 up to May 13, 1998. The application was not, however, approved. * He received a telegram informing him of the disapproval and asking him to report back for work on April 30, 1998. However Gonzales did not report for work on the said date. * On May 5, 1998, Acesite sent him a final telegram in his provincial address containing in order for Gonzales to report back to work. * Gonzales, who claims to have received the May 5, 1998 telegram only in the afternoon of May 7, 1998, immediately repaired back to Manila on May 8, 1998 only to be â€Å"humiliatingly and ignominiously barred by the guard (a subordinate of [Gonzales]) from entering the premises. * It appears that on May 7, 1998, the issued notice of termination was thru an inter-office memo. * Gonzales thus filed on May 27, 1998 a complaint against Acesite for illegal dismissal with prayer for reinstatement and payment of full backwages, etc. * Acesite claims, Gonzales â€Å"showed no respect for the lawful orders for him to report back to work and repeatedly ignored all telegrams sent to him,† and it merely exercised its legal right to dismiss him under the House Code of Discipline. LA – the c omplaint for lack of merit, its holding that Gonzales was dismissed for just cause and was not denied of due process. * NLRC – reversed that of the Labor Arbiter. * CA – finding that Gonzales was illegally dismissed, affirmed with modification the NLRC decision. Issue: * WON Gonzales was legally dismissed for just cause. Held: * No. there appears to have been no just cause to dismiss Gonzales from employment. As correctly ruled by the Court of Appeals, Gonzales cannot be considered to have willfully disobeyed his employer. Willful disobedience entails the concurrence of at least two (2) requisites: the employee’s assailed conduct has been willful or intentional, the willfulness being characterized by a â€Å"wrongful and perverse attitude;† and the order violated must have been reasonable, lawful, made known to the employee and must pertain to the duties which he had been engaged to discharge. In Gonzales’ case, his assailed conduct has not been shown to have been characterized by a perverse attitude, hence, the first requisite is wanting. His receipt of the telegram disapproving his application for emergency leave starting April 30, 1998 has not been shown. And it cannot be said that he disobeyed the May 5, 1998 telegram since he received it only on May 7, 1998. On the contrary, that he immediately hied back to Manila upon receipt thereof negates a perverse attitude.

Human Resource Management Master Assignment Example | Topics and Well Written Essays - 2000 words

Human Resource Management Master - Assignment Example Another aspect of the selection that may raise expectations is an unintended consequence of its recruitment process. A rigorous recruitment process can have two unintended outcomes. If the recruitment is competitive, it can create a feeling that those who are selected are truly terrific and valued. It can help build a positive self-image if the on-the-job experiences confirm that feeling. It can set the recruits up for disillusionment, however, if their on-the-job experiences do not confirm the self-image created through the recruitment process; it can make them feel that they are not valued. Similarly, by focusing on expectations as a key component in the decision to join a particular organizational workplace, we come to know that when a person chooses between alternative jobs, the choice is affected by the degree to which desired outcomes are likely to be realised. These desired outcomes may be interesting and challenging work, autonomy, responsibility, importance of work, competent boss, and a certain level of salary. The Program creates expectations by advertising training opportunities, rotational assignments, career planning, quick promotions, access to high-level officials, and opportunities for networking as features of the internship. In addition, they are believed to have expectations about the amount of challenge, responsibility, participation, meaningfulness of work, and opportunities to make a difference. Conversely, they are more likely to leave if their expectations are not met. Expectations may be influenced by prior work experiences. Those who have littl e prior work experience may have a more idealized view of what work will be like, and therefore have more unrealistic expectations than those who have at least some work experience. The good point is that expectations may be more implicit than explicit. The interviews reveal vagueness about expectations; it seems not a frame of reference for many of the interviewees. They possess goals, hopes, or desires about what they want from their work experience but it they are not framed in terms of expectations. Expectancy theory may work best for those who clearly thought about what they wanted and weighed their alternatives and the probabilities of having the experiences they desired. The expectancy model also assumes that people behave rationally in situations where their expectations are not met. When confronted with unmet expectations, the rational response, according to the theory, is to seek new employment that will more likely meet their expectations. However, it appears that not all people seek new employment under those circumstances. None of the interviewees who expressed great dissatisfaction with their current jobs are actively seeking other employment. So, at this point the best HR department does is the analysis of expectations and make decisions of recruitment while analyse candidate's intentions and future plans. While critically analysing the do's and don'ts of a human resource in any organisation, assessment is aimed at determining what are working and what is not working and identifying resource gaps and redundancies. (2006a) Finding employees Recruiting today is taken a lot more seriously

Communication and self-concept Essay Example | Topics and Well Written Essays - 500 words

Communication and self-concept - Essay Example When I was six years old, I was so much interested in drawing and painting. This is because my elder brother was an artist and I enjoyed what he used to do. I used to see him spend countless hours in his room drawing and painting. Although my paintings did not mean so much to me at the time, I enjoyed drawing. My early interest in drawing and painting was increased by the communication in the family. My parents, relatives, and family friends would always talk of drawings and paintings that my brother used to draw and therefore, my world became centered in drawing. They gave me the direct definition by nicknaming me the baby painter. As I continued to grow, the concept of particular others came into play. I began being influenced by my peers and role models on television shows. This increased my passion for soccer. I saw myself in the eyes of favorite soccer players. I wanted to be one of the best football players and this became part of my life. I played football all through my adolescence until I reached age 17. Some of the life scripts that determined my passion for soccer changed and began working against me. Playing soccer was an acceptable and expected way of life for teenagers in my neighborhood. For example, my parents used to tell me that all work without play makes jack a dull boy. They always taught me to socialize with other people of my age through social activities such as soccer. They believed that socialization makes people to be successful in life. However as I reached age 17, the expectations of the society changed. I was expected to behave in a more mature way by performing well in academics. According to the society, people who have good academic certificates enjoy a higher social status than those without one. The theory of social comparison came into play this time. This happened at the time when I moved to U.S for my studies. I feel that I need to do good academically in order to be successful in the society. After viewing

The United Nations Mission In Sierra Leone Essay

The United Nations Mission In Sierra Leone - Essay Example   At the beginning of 1995, the UN Secretary General appointed Mr. Berhanu Dinka, an Ethiopian national to help broker a peaceful settlement in Sierra Leone.   Dinka worked with the help of the Organization of African Union (OAU) and Economic Community of West African State (ECOWAS) to resolve this conflict and bring the country back to civilian rule. Mr. Dinka’s effort, together with ECOWAS and OAU, seemed to bear fruit as of February 1996, just a year after the war. Parliamentary and presidential elections were held, and the army ceded power to the winner, Alhaji Dr. Ahmed Tejan Kabbah. However, RUF refused to take part in the elections and declined to recognize Mr. Kabbah’s win. Their refusal to participate or accept the presidential and parliamentary election fuelled the war further.   In November 1996, Mr. Dinka, with the help of OAU and ECOWAS, assisted in the negotiation of the peace agreement between the government and RUF, commonly known as the Abidjan Ac cord.   However, the accord was not implemented immediately as it was derailed by another coup d’à ©tat 6 months later. At this time, the army also joined RUF and formed a ruling junta, forcing the president and his government to seek asylum in Guinea.   A new Special Envoy tried to persuade the military junta to cede power, but he failed. This forced the United Nations Council to impose sanctions on the rulers and allowed ECOWAS to implement the embargo using its military wing. 7 On October 23, 1997, a sub-committee of ECOWAS dealing with Sierra Leone met a delegation of the junta and held talks in Conakry, which led to the signing of a peace deal. This deal called for a ceasefire that was to be monitored by ECOMOG together with the UN military observers. On November 5, 1997, President Kabbah provided a communique accepting the new deal and said his government would work with ECOWAS, ECOMOG, UN, and the UNHCR to implement the new deal. However, although the junta said i t was committed to the agreement, it criticized some provisions of the agreement. This brought many questions than answers and as a result, the agreement was not implemented. 8 Due to continued conflict between the rebels and the government, the UN Security Council gave nod for the establishment UNAMSIL (United Nations Mission in Sierra Leone). The mandate of the mission was to help the government and the rebels to honor the Lome Peace Agreement. On February 7, 2000, the Security Council revised the mandate of UNAMSIL by adding more tasks. The military component was increased

Pop-culture Essay Example | Topics and Well Written Essays - 1250 words

Pop-culture - Essay Example The print and the electronic media, entertainment tools like music and television, have done absolute justice to the job of brainwashing the impressionable minds of youth. Traditional culture and ideology have traditionally been the binding forces of the society, but in the contemporary age, spirit of the youth is being systematically destroyed by the onslaught of popular culture. The traditionalists and the modernists are permanently at war over approaches to social issues. While the modernists are positive that their endeavors are directed at development of a new society, the traditionalists lament about the steady demise of the indigenous values. A world of interconnectedness is slowly emerging and no one can precisely estimate how circumstances would shape up in the future. However, a strong view prevails that this interconnectedness is heading toward decay of moral and ethical values rather than leading to the path of cohesion and prosperity. In its attempt to pursue individual happiness, the younger generation has compromised societal values and become distracted and clueless. Ill effects of their activities mostly outweigh their honest dispositions and merits. An offshoot of the popular culture viz. the growth of Jazz provides an example. Jazz music arrived like an avalanche on the American media and became omnipresent in no time. Its growth was not contemplated, like the spread of greenery in the thick jungles of Amazon. The sapling of Jazz grew as it was watered with the agony of the black people. The roots of jazz can be traced back to the times of slavery when slave work songs were made as ‘call-and-response’ to narrate stories for pastime. These songs reflected the blacks’ internal rebellion against the sufferings and cruelties inflicted on them by the white race. Black people brought with them jazz to the big cities as they started to migrate to Chicago and New York with

Literature Essay Example | Topics and Well Written Essays - 1000 words - 3

Literature - Essay Example Yu Hua has drawn inspiration for his novel from an American folk song about an elderly slave â€Å"who experienced a life’s worth of hardships, including the passing of his entire family—yet he still looked upon the world with eyes of kindness, offering not the slightest complaint†. (Hua, P.249) At the end of the novel, Xu Fugui is left alone, with his only companion being an ox that he names after himself. He uses the mutual identity between man and beast as a metaphor for the human condition. The novel begins and ends the story through the mechanism of a double narration: one a young student collecting songs and folk stories from the peasants in the countryside and the other, old Fugui and his ox telling their story to the student. Zhang Yimou, a noted Chinese film director, has gained notoriety among his own people due to his recurring acts of exposing a dark side of his country to the outside world. But he persists with his mission in the same manner through the film adaptation of To Live. He attempts to convey several profound messages through this movie, in an attempt to prod the viewers’ conscience to awareness of injustice in the Chinese society. Though in this context, the novel as well as its film adaptation serves the same purpose there are several charact eristics that distinguishes one from the other. The film and the novel are significantly different even though Yu Hua participated in writing the screenplay. Each medium offers different possibilities and at the same time suffers from different limitations too and these are reflected in the differences between the novel and the film. The novel has Fugui telling his story in installments, chronologically, with returns to the narrative present. This aspect is attributed to the novel’s being first published in serial form in a literary journal. The film has no second narrator to whom Fugui will

Rachel Carson and the Enviromental Movement Research Paper

Rachel Carson and the Enviromental Movement - Research Paper Example She continued her personal research and writings about the environment and ecological issues during her federal service and subsequently published two books Under the Sea Wind (1941) and The Sea around Us (1951). Carson was conferred with two doctorate degrees; national book award and a national science writing prize and excerpts from her later book were reprinted in famous magazines like Science Digest, The Yale Review and The New Yorker. Later she left her federal employment and started to focus on third book The Edge of the Sea (1955). In early 1957, a letter from an old friend from Duxbury, Massachusetts described declining rates of bird population in her private sanctuary after the authorities’ sprayed fuel oil and DDT. Immediately, Carson researched DDT and other chemicals toxic effects and this became the basis of her next book Silent Spring (1962) (Mahoney, 2009). Silent Spring was initially published in serialized magazine form, later it was released in the form of a book (Clapp, 2000). The book became an instant bestseller and was widely covered by media. More than 250,000 copies of her book were sold in the first four months of its release making it a bestseller (Lantier, 2009). Back then, forest and crop lands were extensively sprayed with pesticides such as DDT to eradicate insect pests. However, unexpected consequences were witnessed due to spraying against fire ants in South and mosquitoes along the coastal line from New York to Maine. The result was successful eradication of insect pests and disease vectors but at the cost of immense damage to local fauna, wild life and environment. Scientists documented decline in fish, birds and animal population along with water and soil contamination. Also, alarming variations in the reproductive patterns and egg shells of various birds that primarily fed on fish were noticed. These changes not only indicated hormonal and reproductive changes but also a steep decline in avian population that could end anger the existence of certain species (Lear, 2001). Specifically, three unrelated events were extremely vital in providing evidence to Carson for the detrimental effects of pesticides, chemicals and toxic wastes on human health and environment. First one, involved the USDA campaign to eradicate fire ant from Southern states by spraying with dieldrin and heptachlor. These two pesticides accumulated in water ways and soil causing wildlife damage (Lear, 1993). As a consequence of fire ant control program heavy invertebrate immortality, population decline, slow recovery rate and residual traces of heptachlor and heptachlor epoxide was witnessed in majority of fauna in treated area (Dunlap, 2008). Carson (2002) labeled the fire ant eradication program as â€Å"ill-conceived, badly executed and thoroughly detrimental experiment in destruction of animal life†. Secondly, the aerial spraying of DDT mixed with fuel oil for mosquito control caused decline in bird population in coastal areas (Lear, 1993). Thirdly, DDT was sprayed on elm trees in Michigan State University campus aiming to eliminate bark beetle that was responsible for spreading the Dutch elm disease. However, along with pest elimination large population of robin died as a result of feeding on earthworms; that fed on DDT infested leaves (Lear, 1993). Other primary events that justified Carson’s claims was banning of cranberry product sale for three years (1957-59) as high levels of toxic chemicals known to cause cancer in rats was discovered