Procedure for

Dispute Regarding
Employment
Doris D. Quilonio Judith Bayos Maigue, Ed.D
& Professor
Ella Mae Quilonio Ed-204 Supervision of Instruction
Discussant
Procedure for
Dispute Regarding
Employment
Administrative charges against a public
school teacher and hear initially by
committee composed of division
superintendent or his/ her duly authorized
representative who has, at least, a rank of a
supervisor as a chairman, a representative
of the local or, in its absence, any existing
provincial of national teacher’s
organization , and a supervisor of the
division.
• In private schools, any dispute or
controversy involving the terms
and conditions of the employment
is resolved through a grievance
machinery.
Grievance
- Any question by either employer or the
union regarding the interpretation or
application of the collective bargaining
agreement or company personnel policies
or any claim by either party that other party
is violating any provision of the collective
Bargaining agreement (CBA) or “company
personnel policies.”
SECTION 97 of Manual of
Regulation for Private school
provided that:
• “Every private school shall provide for an
amicable internal procedures or remedies,
including provision for voluntary
arbitration, as a preferable measure in the
settlement of any issue, dispute or
grievance arising from employment
relations.”
Efficiency and Competencies
• For the supervisor, the most crucial
reason for termination that must be
given utmost attention is giving
sanction due to poor teaching
performance which is an indication
of inefficient and incompetence.
 Efficiency
• Is defined as ability to
produce a desired effect
with a minimum effort,
expensive or waste.
 Competence
• Is the state of having and
demonstrating skills,
abilities or aptitude for the
satisfactory execution of
task.
Article 283 of Labor Code
• Employer is obligated to give his
employees just compensation and
treatment, he has in return the right to
expect adequate work, diligence and good
conduct.
• The continuance of an inefficient or
incompetent faculty member is
detrimental not only to the interest of the
school but also to interest of its student.
Remedial Teaching Performance
• MARCZELY (2001)
- Argues that before drastic
action taken, necessary
intervention measure should be
made available to the teacher.
• If the problem is not
correctable then necessary
action should be taken because
non-remediable poor
performance victimize students
and society.
Question for determining
remediable behavior
1. Were students, faculty or school
damaged?
2. Had the teacher been warned.
3. Could the conduct resulting in
damage have been corrected?
4. Could the effect of the conduct in
question be corrected?
• To avoid losing in court action,
she emphasizes the need for
clarity, compliance,
consistency and continuity of
school policies and practices.
 Clarity
• Refers to use of
straightforward, specific
and written evaluation
system.
Example:
• On the first observation, the
supervisor noted that the teacher need
improvement in maintaining class
control (classroom management), and
yet reported that the teacher was
improving in this area and therefore
deserved satisfactory rating.
• On the second observation, the
supervisor rated the teacher as
needing improvement in
organization and planning, but
again gave an overall
satisfactory rating
• On the third observation, the
supervisor gave an overall rating
of needing improvement citing the
areas of classroom management
and organization and planning
reasons for the rating.
• In this example invites controversy and
may create a problem if used for
administrative decision.
• An overall teaching performance cannot
be rated “SATISFACTORY” in one
occasion and then “UNSATISFACTORY”
in another due to the same observed
deficiency.
 COMPLIANCE
• Pertains to the implementation to the letter of
the provisions of the contract or the faculty
manual between the faculty and the school.
• If the contract indicates that teachers is
supposed to be rated at least twice a year by
two persons , then any move to sanction a
teacher for poor performance cannot be
based on the evaluation by one person only.
 CONSISTENCY
• Refers to equal and non-
discriminatory treatment of
all similarly situated faculty
regardless of rank or
position.
 CONTINUITY
• Refers to the connection between
evaluation measures and supervision.
• Data collected during several
observations should show a
reasonable consistency or connection
to each other and to the final or
summative evaluation.
• The recommendation in a previous
observation must be followed up and
noted in subsequent observation.
• Previous observation should be duly
noted in a summative evaluation and
can be used as basis for
administrative decision.
Than you for
listening 