Violence In The Workplace And Responsibility For It - Case Study Example

Violence In The Workplace And Responsibility For It Violence in the workplace is an alarming global problem. Countries all over the world have been formulating policies in order to protect the human resources which are the main target of violence. The global records showed that workplace violence has become a “serious public health epidemic”1 that no country is exempted but all are infiltrated. This serious problem greatly affects the Philippines which is one of the big exporters of labor force all over the globe. In the Generally, all workplaces can be vulnerable to violence whether it is inside a locked buildings and establishments or in an open field, highways and streets everywhere. Employers have the responsibility and legal duties to protect the employees under their management. They should have measures for the following: 1. Strict hiring procedures and policies 2. Appointment, promotions, awards and benefits and grievance policies 3. Code of conduct and ethical standards 4. Continuous training and education 5. Security policies for employee and clients 6. Security benefits 7. Other policies that may deemed necessary to at least prevent occurrence of violence in the workplace. Misconduct, treats, intimidation and sexual harassment are the leading incidence of violence in the workplace. In a 1994 survey of the social Weather Station, 89% o the respondents thought that sexual harassment in the workplace was a problem. O those who regarded sexual harassment as a problem, 67% regarded it as very serious and only 7% take it as not serious at all.2 Based on the survey made by the Bureau o Women and Young Workers ( BWYW), nineteen out of fifty bank employees in the Philippines said that they have experienced sexual harassment at the workplace. Also, a 1985 study on women industrial workers revealed that in export processing zones, sexual harassment has been termed by women as “lie down” or “lay off” policy.3 The Philippine government has formulated policies which protect the interest of the labor force in its provision in the Philippine Labor Code provides in Article 285 which states that: “The state shall value the dignity of every individual, enhance the development of its human resources, and guarantee the dignity of the workers, employers, applicants for employment, students or those undergoing training instruction or education. Towards this end, all forms of sexual harassment are here declared unlawful”4 Both men and women can be a victim of sexual harassment. It is not necessary that the victim should be the opposite sex. Title VII o the Civil Rights Act o of 1964 as amended by the Equal Employment Act of 1972 prohibits sexual discrimination on employment. Of all those cases of sexual harassment on Filipino women overseas workers recorded worldwide, Middle East is among the top countries on the record. Homicide is also one of the top of workplace violence list among Filipino workers. Thousands of Filipinos die in the workplace due to robbery, grudges among employees and between employer and employees as well as between employer or employees and the people outside the organization. Homicide is committed during holy hours at night or even in broad daylight. Exposure of graft and corruption in the government offices is also common cause of homicide and even murder in the Philippines. Graft and corruption is a cancer to the Philippine society but there are only a few who are convicted. Few employees of the government have the courage to expose the graft and corruption cases due to the fear of the consequence of violence of such exposure. Yet, even with the danger faced by whistle bowers there are still a few who are brave enough to do so. Illegal termination among government employees both in the Local and National Government agencies is a very widespread and common practice of government officials which becomes a threat against the security of tenure of employees. Thousands of cases was filed with Civil Service Commission and the Office of the Ombudsman Application: The following cases are incidence violence which evolved Filipino employees in the country and overseas, employer and foreign employees working in the Philippines. Each case displays incident of violence in the workplace and shall be considered to determine the liability of employer in each case. Case No.1 Sarah Balabagan grown in a Muslim Community in the Southern Philippines, island of Mindanao, Province o Sultaan Kudarat. She was born on August 15, 1979. She worked as a domestic worker at Ai-Ain in UAE. On July 19, 1994 she killed her 85 year-old employer Almas Mohammed al-Balousi for alleged attempted rape. She was sentenced to seven years imprisonment and payment of blood money for being guilty o manslaughter as well as victim of rape. However on September 6, 1995 after the persecution’s appeal, the Second Islamic court sentenced her to death by firing squad. There was a global reaction after such verdict was issued. After the personal appeal for mercy by the UAE Sheikh Zayed the family dropped the execution in exchange of blood money.5 Case No. 2 Another case of a Filipina domestic worker who was convicted for murder and was executed in Singapore was Flor Contemplacion. The Filipinos believed that she was innocent on the murder of her fellow Filipina domestic worker, Delia Maga and the four-year old child Nicholas Huang, though she confessed to have done the crime and never renounced her confession despite the testimony of two other friends that the incident was planted by the child’s father who allegedly strangled Maga Case No. 3 A case of homicide committed in the workplace is the very popular case of Ex-Governor Antonio Leviste of Batangas City, Philippines who gunned down his aide Rafael delas Alas inside his office on January 12, 2007.6 “Leviste and delas Alas figured in heated argument the night before the incident happened.”7 In January 14, 2009, Leviste was sentenced to imprisonment for 6 to 12 years and payment of P100,000.00 damages to the family of his aide.8 Case No. 4 The case of Marlene Garcia-Esperat, who was a Filipina whistle blower and investigative journalist who authored the anti-graft column on local newspapers was indeed one of the most inhuman violence. She was murdered in her own home on March 24, 2005. She was under the Witness Protection Program o the Philippine government for two years after exposing the graft and corruption in the Department of Agriculture, Regional Office No. 12. The case was elevated up to the national level of the Department of Agriculture. She was an employee of the said agency for several years that she had all the knowledge of the operation of the office for several years that made the case sensational. Perpetuators plead guilty of killing the state witness, testified and admitted that they were hired by the officials of the Department o Agriculture o Central Mindanao for one hundred twenty thousand pesos ( P 120,000.00)9 Case No.5 The world was terrorized over the news of kidnapping of the three volunteers of the International Community of the Red Cross (ICRC) near Provincial Capitol in Jolo on January 15, 2009. Taken hostage were ICRC Zamboanga head Swiss national Andreas Notter, water habitat delegate, Italian Eugenio Vagni and ICRC engineer Mary Jean Lacaba, a Filipina.10 The International Committee of the Red Cross volunteers was in Jolo implementing the project that provides facilities of safe drinking water and sanitation for the Jolo Provincial Jail. There were media reports that bandits demanded 50 million as ransom but later belied by the NCRC Chairman Senator Richard Gordon.11 Analysis: When is the employer liable? Case 1. In analysis o this particular case, the employer as well as the hiring agency had failed to consider the following: 1. Hiring a minor is against the Labor law, considering that during the commission o the crime, she was yet a minor, barely 15 years old. 2. The agency has “no effective tools in place within the firm”12. Such tools should have been applied in the hiring policy such as submission of resume, physical examination, psychological testing, background investigation and the like In this case there is negligence in the part of the hiring agency and the employer himself. In the physical examination o the applicant that even when she falsified her birth document, physical examination if done properly would reveal her true age. Case No. 2 The accuser of Flor Contmplacion was not her employer but the employer of her friend Delia Maga. There was no employer-employee relationship but it has threatened the whole Filipino community overseas of their safety in their workplaces. Case No. 3 In this particular case the employer himself was the perpetuator. The liability for the violence committed is clearly by him. Had he employed a security measure such as banning the carrying of firearms in the workplace, the incident should have been avoided. Case No. 4 Marlene Garcia-Esperat’s employer is the Philippine Government itself which has duty to protect the government employees, especially those who are brave enough to protect the interest of the Filipino people. The government must have a reliable witness protection program that had protected such a government employee. Case No. 5 The volunteers of International Community of the Red Cross were working on the highly critical areas of Southern Philippines the risk of workplace violence is very high. It is part and nature of their mission but nevertheless in situations like their case the ICRC has the responsibility to ensure the safety of their volunteers even within the high risk areas of the Philippines. Of all the cases presented in this paper, and in all other reported cases of violence in the workplace cases the Philippine government exerted its highest effort to support the victims of violence in the workplace. Conclusion: Anyone on a job that involves contact with the public is of the greatest risk of workplace violence. These employees are attractive victims and an easy prey for perpetrators who are just peeping and looking for an opportunity to perform their evil plans. In cases of unintentional violence, the company of the agency may have the negligence in formulating policies and implementing the same for the total safety of both the employees and the employer. But in most cases, violence in the workplace are being done by perpetrators intentionally and had been planned. Murder cases are well planned crime. The author of the crime must have the very deep reason which would consequence to his or her disaster especially when it involves money matters or grudges that are beyond repair. Workplace is the most strategic ground for violence since most people spend most of their waking time at work. It is therefore the duty and responsibility of the employer to clearly define employment policies that would address to the needs of the employees. In all policies, safety of employees must be the first priority. Continues education and training programs should be included in the company/agency policies to enable each employee to be knowledgeable of their individual duties and responsibilities on their employment and to the company they serve.. In the presentation of this paper it clearly shown that in all cases of workplace violence that happened in the Philippines and abroad which involved the Filipino workers as well as foreigners that work in the country, there were negligence in the part of the employer. This study therefore proved that in cases of workplace violence, that the employer is always liable. When violence occurs in the workplace the employer cannot deny his liability over his employees because he has the total responsibility over the workplace. It is therefore the duty and responsibility of the employer to clearly define employment policies that would address to the needs of the employees. In all policies, safety of employees in the must be the first priority. However the state has its greatest duty to formulate national policies that will as well ensure the safety of its citizen. Bibliography Kinney, Joseph A. and Johnson, Dennis L. (1993) Breaking Point: The workplace violence epidemic and what to do about it .Chicago IL: National Safe Workplace Institute. Arroyo, Dennis L. A Survey on Sexual Harassment at the Workplace. Social Weather Bulletin 95-4, Quezon City, Philippines. Social Weather Station. Bureau of Women and Young Workers (BEYW) 1991, Sexual Harassment at the Workplace, Maanila Philippines, Department o Labor and Employment (DOLE). Azucena, CA Everyone’s Labor Code, 2001 edition p. 543 RA No. 7877, sec 2. Rex Book publishing Manila, Philippines Wikipedia Free Encyclopedia, en wikipedia.org/wiki/Sarah Balabagan Michael Punongbayan, Former Batangas Gov. Leviste Arrested or homicide. Philippine Star, January 13,2007 p.1 Galvez, James Konstantin Ex-Gov. Leviste admits killing aide, but ‘it was self-defense’. The Manila Times, January 24, 2008 p.1 Lopez, Allison.Leviste found guilty of homicide. Philippine Daily Enquirer, January 15, 2009 p.1 Wikipedia Free Encyclopedia. en.wikipedia.org/wiki/Marlene_Gacia Esperat, 12 Feb. 2009 Teves, Maria Althea and Moreno, Purple. Timeline: Kidnapping of ICRC volunteers by Abu Sayaff Group, 31 March 2009. abs-cbnNEWS.com DiLorenzo, LP & Carrol,DJ (1995) Screening Applicant for Safer Workplace, HR Magazine,40(3),55-58 Read More