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Constructive Dismissal

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1 Constructive Dismissal on Wed Nov 14, 2012 6:51 pm

Weng0514


Arresto Menor
Dear Atty.

I was forced to resigned becaused I could no longer bear the humiliation accorded me by my Boss. I've been in the company for almost 9 years, holding the position of Purchasing Manager. The company enjoyed a double digit growth since I was hired,discounts earned from suppliers more than doubled. In fact after 2-years as Purchasing Manager, I was able to help the company built its biggest store, expanded 1-existing store and renovated the Main Branch, this is due to income derived from supplier's incentive I was able to generate as Purchasing Manager.

However relationship with the owner gone sour starting last year, due to dropped in sales. The owner blamed me for this, but the real problem is the expansions of big retail players such as SM & Puregold in the area, which is within 5 kilometer radius from our store. He berrated me infront of other employees, and when I cited my achievements to justify my claimed that Im doing my job well and not at-fault, he told me that, "tsamba lang daw", at noon pa man I'm not doing my work as Purchasing Manager. So he started to stripped me with duties & responsibilities, he started to met with my staff without informing me. He started to revised their job description without my knowledged, he even delegated the same authority that I have to one of my staff. These caused me a lot of embarassment, morale is at the lowest point.

Can this be tantamount to constructive dismissal? I'm still am employee, but I could no longer accept more discrimination from him.

Waht are my course of action? Can I file immediately resignation and file complaint of constructive dismissal?

Hope you can help me.

Thank you very much.

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2 Re: Constructive Dismissal on Thu Nov 15, 2012 10:54 am

Patok


Reclusion Perpetua
get as much documentation as you can so that you can build your case for constructive dismissal before resigning and filing a complaint.

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3 Re: Constructive Dismissal on Thu Nov 15, 2012 1:58 pm

attyLLL


moderator
stripping you of your responsibilities can be a basis for a complaint, but imo, you have the burden of proving these supposed acts. so i agree that you should be able to provide documentation and other evidence such as affidavits of your staff if possible.


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4 Re: Constructive Dismissal on Thu Nov 15, 2012 4:39 pm

Weng0514


Arresto Menor
can I used as evidence the new job description of my staff whom the new authority like the one that I have was given. Before all those responsibility was under my jurisdiction as Purchasing Head. How about resent pictures of meetings conducted by my Boss with my staff without my presence, whereas before, I was the one conducting meetings with my staff and report the result to Him...As Purchasing Manager Im part of the 4 Mancom members who regularly met with my Boss, but recently I was never ask to join them in their meetings anymore, I was left at my table feeling discriminated. I have pictures of these meetings, can I used this as evidence to back-up my claim.

Thank you!

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5 Re: Constructive Dismissal on Thu Nov 15, 2012 6:05 pm

Pedro Parkero


Reclusion Perpetua
Weng0514 wrote:can I used as evidence the new job description of my staff whom the new authority like the one that I have was given. Before all those responsibility was under my jurisdiction as Purchasing Head. How about resent pictures of meetings conducted by my Boss with my staff without my presence, whereas before, I was the one conducting meetings with my staff and report the result to Him...As Purchasing Manager Im part of the 4 Mancom members who regularly met with my Boss, but recently I was never ask to join them in their meetings anymore, I was left at my table feeling discriminated. I have pictures of these meetings, can I used this as evidence to back-up my claim.

Thank you!

bisnis is bisnis pa din yta yan. call ng may ari ngkumpanya kung sino ang kanyang pagkakatiwalaan. management prerogative yan.
the big Q is, is work ur unbearable? dahil kung OO, pwede const dismisal yna. Hmmm sa tingin ko ang pagtanggal ng tao mo sau does not make ur work unbearable..

Very Happy

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6 Re: Constructive Dismissal Today at 8:15 pm

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