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1 CONSTRUCTIVE DISMISSAL on Mon Aug 27, 2012 4:26 am


Arresto Menor
Hi Atty. I'd like to find out if an employer has the right to put a sick employee into a case management status without informing the employee? And if this case can be constituted as a constructive dismissal case?

This maybe a long one but for further understanding, here are some salient points:
My colleague has been consistently suffering from Spine issues (specifically severe back pains) since last 2011. Her doctor issued a medical certificate requesting to move her to day shift since the night shift is causing her undue stress and unable to rest completely during the day. She requested to be moved to a 1pm shift since she is a solo parent and would have to attend to her baby's needs in the morning. Despite the fact that she has a medical cert & a valid solo parent ID, Our company declined the request.
After the said incident, she has been consistently hospitalized as follows: Dec 2011: spondylolisthesis grade1
Jan 2012: thoracolumbar dextroscoliosis /
Feb 2012: Endometrial Polyps Operation
March & April 2012: She filed for a Magna Carta leave
May 2012: May 1, she returned to work. May 17, she was pulled out being accused of INAPPROPRIATE BEHAVIOR ON A CALL specifically referring to the rules: 1) Rudeness to customers due to tone of voice used. 2.) Prematurely or inappropriately releasing a call immediately after the call comes in or after the customer speaks. She had a heated argument with her manager contesting the allegations, caused her to have chest pains and sudden increase of blood pressure causing her to be out of the office for 10days to seek medical attention.
The call was done on May 1, she was pulled out for coaching on may 17 (WEEKS LATER), Notice to Explain was issued June 9, Hearing preceeded on June 15. She explicitly asked for the call recording but they cannot present it saying that the call has been purged. But according to them, they have a written transcription of the call which was transcripted in writing by another agent from our department. He is of the same position as ours, but for whatever reasons, he is assigned to do admin tasks. They also presented a witness which is one of the managers in the same department as well. The HR representative also stated he was able to listen to the call. But they can no longer present it since it was purged or deleted. They have 2 panelists for the hearing. One of which is the wife of one of the Managers in our department. They continued with the Admin hearing without the recording which is the only evidence that can prove or disprove their allegations. My friend requested for the customer to be called but they said it is no longer necessary to do that.
After that hearing, they have issued her a memo of suspension plus a final written warning which will cause her not to get any merit increases at all, not even to get any bonuses, and stays on her record without clearing periods, and will lead to TERMINATION OF EMPLOYMENT if the same case happens. Does this constitute for an illegal suspension case?
June 27: SHe submitted a letter of appeal regarding the decision but was given a response weeks later that their decision wont change. She asked for a written documentation explaining why her appeal has not been heard but until now, there isnt any document given to her.
July 2012: she has been admitted in the hospital again due to pyelonephritis and severe upper respiratory tract infection. While she was in the hospital, her manager kept on calling her at unreasonable times like 3am, asking her to fax the medical certificates even when he knew that no one will be able to do that for her since she is a singlemom and even her 3 yr old daughter would have to be in the hospital because no one will take care of her.
August 2012: she returned to work and went straight to the office clinic to get a fit to work recommendation only to find out that she has been put in a CASE MANAGEMENT STATUS due to habitual absences and can lead to termination of her employment if within 6months, she isnt fit to work. She has not been notified about this and was shocked to find out about this status.

can they call it habitual absences if she has been sick due to different health reasons that are fully documented with medical certificates, cert of confinements, laboratories, xrays, etc.?

This is already causing her too much stress and feels like resigning. But we are all advising her not to do so since she badly needed the job for her daughter. Although we know that the threat of constructive dismissal is there. It is very evident that they wanted her out of the office and was even given an advice by the hr to just find another source of income.

Kindly help us on this. Thanks.

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2 Re: CONSTRUCTIVE DISMISSAL on Mon Oct 08, 2012 6:30 am


Arresto Menor
Atty. I badly need help po regarding this. Thanks

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