24 June 2021

“Preventive suspension can be imposed against an employee while he is undergoing an investigation of certain serious offenses.” This is what Atty. Alwyn Faye B. Mendoza shared in her talk on “Observing Due Process Administrative Investigations” during the 4th HR Compliance Conference, a webinar organized by IAM Training Services and held from June 24 to June 25.

Atty. Mendoza discussed the components of due process and the appropriate disciplinary options for infractions and misconduct. She walked the audience through the process—from the time of the employee’s violation of company policies, up to the imposition of sanctions by the employer. She also shared jurisprudence-based principles on serious misconduct, preventive suspension, insubordination, fraud and breach of trust, and willful and repeated dereliction of duty.

“The purpose of preventive suspension is to prevent the employee from causing harm or injury to the company, as well as his fellow employees. A preventive suspension is justified only in cases where the employee’s continued presence in the company premises during the investigation poses a serious threat to the life or property of the employer and employees.”

Atty. Mendoza is a senior associate at DivinaLaw and a member of the Firm’s Litigation and Labor practice groups. She is an experienced speaker and has been a Bar Reviewer for various review centers since 2018. She also co-authored the book “Quick and Easy Reviewer in Special Penal Laws” volumes 1 to 3.