Concern (rephrased):

Good day. I would like to ask if it is considered inappropriate or a violation for an employee in my workplace to consistently show unfair treatment to others. For example, assigning heavier workloads to certain employees, such as managing multiple tasks or subjects and schedules. Additionally, this person targets specific individuals for criticism in group chats, even when they themselves are partly responsible for mistakes. Lastly, they engage in gossip within the workplace.

∇ Legal Contemplator

Let’s unpack this systematically. To understand whether the behavior described constitutes a “foul” or a violation, we need to assess several dimensions of workplace conduct under Philippine law, labor rights, and the general principles of fairness and professionalism.

Step 1: Establishing the Scope of "Foul" Behavior in the Workplace

First, let’s think about what is meant by “foul” in this context. The word itself is subjective and open to interpretation. It could mean unethical behavior, unprofessional conduct, or even legal violations depending on the circumstances. To avoid ambiguity, it’s helpful to ask:

Does “foul” behavior violate any specific company policies, labor laws, or ethical standards?
Is it explicitly addressed in existing rules and regulations governing workplace behavior, either in internal codes or external legal frameworks?
If not explicitly addressed, does it fall into a gray area requiring interpretation or evidence of harm?

Step 2: Relevant Legal Frameworks in the Philippines

Philippine labor law and employment standards are governed by the Labor Code of the Philippines (Presidential Decree No. 442). While the code doesn’t explicitly define “foul” behavior, it does outline several key principles related to workplace fairness:

Equal Work, Equal Treatment
Under labor rights, employees should generally not be subjected to discriminatory or unfair practices. Unequal workload distribution or punitive actions targeting specific individuals could potentially fall under this umbrella.
Harassment and Hostile Work Environment
Consistently targeting an individual in a group chat with negative remarks, particularly in a manner that isolates or humiliates them, could constitute harassment. Harassment is actionable under RA 7877, the Anti-Sexual Harassment Act, and other laws governing ethical workplace behavior.
Gossiping and Professionalism
Engaging in gossip, while not inherently illegal, can lead to a toxic work environment. Employers have a duty to foster a professional atmosphere as part of their obligation to ensure employee welfare.

Step 3: Unequal Workloads

This part requires careful thought. Assigning heavier workloads to some employees is not inherently unlawful unless it violates a specific employment contract, a collective bargaining agreement, or results from discrimination based on prohibited factors (e.g., gender, religion, or political views). But there’s a lingering uncertainty:

Are workloads distributed fairly? This can be subjective. What one employee perceives as unfair might align with the company’s operational needs. For example, roles requiring higher expertise might naturally demand more effort.
Is there a pattern of bias? If heavier workloads are repeatedly assigned to the same individuals without justification, it could hint at favoritism or discrimination.

At this point, we should clarify: even if there’s no legal violation, unfair distribution of tasks could reflect poor management practices that affect workplace morale and productivity.

Step 4: Targeted Criticism in Group Chats

Here, the scenario feels more complex. Publicly singling out an employee for mistakes—especially when the critic is partially responsible—is questionable. To probe deeper, let’s consider:

Impact on Employee Dignity
The 1987 Philippine Constitution upholds human dignity. Public shaming, even in workplace group chats, could violate an employee’s right to respect and dignity at work.
Intent and Pattern
Is this a one-time incident or part of a recurring pattern? Frequent targeting might point to harassment, bullying, or even abuse of authority.

Step 5: Workplace Gossip

Gossip is a common workplace issue, but it’s worth asking whether it crosses the line into harmful behavior. Some questions arise:

Is the gossip harmful? Idle chatter might not warrant action, but malicious gossip that damages reputations or creates division could fall under unprofessional conduct.
Is it systemic? If gossiping is pervasive, it could indicate a broader cultural issue that the employer has a duty to address.

Step 6: Remedies and Actions

Assuming the behavior described constitutes a violation of company policies or labor law, what remedies are available? Possible actions include:

Internal Resolution
- Filing a complaint with Human Resources.
- Seeking mediation or conflict resolution mechanisms.
Legal Action
- If behavior constitutes harassment, discrimination, or other violations, complaints can be lodged with the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC).
- For extreme cases involving mental distress, civil suits for damages might be possible under tort law.
Improving Company Culture
- Suggesting policies on workload transparency and anti-bullying measures.
- Advocating for workshops or training to promote professionalism.

Final Thoughts

I find myself circling back to a persistent question: Does this situation fall under a legal violation, or is it simply an ethical lapse? It’s possible the answer is both—or neither, depending on the available evidence and company policies. Without clear proof of malice or harm, these behaviors might only constitute poor management. But if evidence reveals a pattern of intentional targeting or discrimination, it could elevate to a legal matter.

Final Answer:

The described behavior could be considered "foul" if it violates company policies, labor rights, or ethical standards. Unfair workload distribution and targeted criticism, if proven to be intentional and harmful, might constitute harassment or discrimination under Philippine labor laws. However, gossiping—while unprofessional—may not always warrant legal action unless it creates a hostile work environment. The best course of action is to document the incidents and raise the issue formally with Human Resources or relevant labor authorities.