Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Illegal Dismissal to Constructive Dismissal

Go down  Message [Page 1 of 1]

1 Illegal Dismissal to Constructive Dismissal on Wed Feb 01, 2012 9:00 am


Arresto Menor
Hi Atty,

I have a friend who filed a case of illegal dismissal against his employer. A SENA was conducted at NLRC and there was no settlement, therefore my friend decided to pursue a labor case. During the 1st mandatory conciliation meeting, my friend has decided to change his complaint to Constructive Dismissal instead of Illegal Dismissal but the arbiter was against it.

The question is, is the ammendment of complaint allowed? Is it a requirement that you have to remain employed in a Company for you to file a Constructive Dismissal case against your employer? My friend resigned and his reason was for fear of being terminated because he was accused of an offense against the Company's code which was terminable...he admitted to all the offenses during the administrative proceedings.

Your expert opinion, as always, will really help.

Thank you.

View user profile


the amendment should be allowed, but on the other hand, it is not necessary because what is vital on this point is what will be proven by the evidence in the position papers.

i recommend he follows the arbiter on this. he can clarify the point in his position paper.

[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum