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Constructive Dismissal

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1 Constructive Dismissal on Tue Jun 05, 2012 12:14 am


Arresto Menor

I just want to consult if i have a case against my previous employer and if my claims are valid.

My previous employer recently went on a reorganization and i was advised that i didnt meet the competencies to maintain my job. I was advised that i was disqualified to the redundancy pay because a position was given to me despite the fact that its not my current position

However, no reason or any written advise was given to me regarding the competencies that i failed and what are my areas for improvement. I was moved to a position wherein i was somewhat demoted for i will now report directly to a colleague in which i have the same position prior to the restructure. That demotion really affected my drive and motivation to go back to work and stay in the company. I even reported a case of discrimination to the HR and my supervisor but was just advised that it will be raised to the manager but i didnt hear any other information after such.

I was forced to resign because of that in addition to what my boss say during the reorganization cascade. He mentioned that some didnt not retain their job because of incompetency. I really felt bad on such accusations for i know that i have contributed to the company indeed well.In fact it was a reason given to me when i spoke to my boss and hr officer when i asked why i was moved to a different position.

I felt that the move was unfair and that i wasnt given a clear explanation as to why i didnt meet the set of requirements to retain my position.

Is there a possibility for me to personally get in contact with a lawyer to explain clearly what happend?

Also is there a chance for me to ask for my redundancy or even a compensation for my long years of stay in the company. For in the first place i advised my manager that im not interested in the position he wants me to move into and yet he positioned me there.

Hoping to hear your response soon.

Thank you.

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2 Re: Constructive Dismissal on Tue Jun 05, 2012 9:27 pm


you can file a complaint at the nlrc for illegal termination through constructive dismissal.

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