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

Rights to Privacr / Constructive dismissal

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Rights to Privacr / Constructive dismissal on Sat Dec 01, 2012 5:38 pm

Employee


Arresto Menor
Two of my co-employee connived against me; they accused me of violating our company policy of "Downloading Obscene Image using the company Internet":

- They used evidenced gathered more than a year ago as shown on the date of the file taken in my personal laptop.

o A screenshot of an IDM downloader, was taken in my laptop (IDM Downloader) without my permission, I did recall one time that I asked assistance from our MIS department to check why I did’nt have internet connection, maybe that was the time they produced the screenshot.

o Another evidence they are using is the file taken in my hardisk where I store my movie/video files, they took screenshot also, this time I don’t know how they managed to get it… but by checking the date when this screenshot was taken showed that it was taken while I’m having a meeting with the Management, they were able to sneaked out into my table and produced the evidence (kuno).

I refuted all these accusation by issuing my affidavit to HR some are written here:

- I do have IDM downloader installed in my laptop, since I used this and my roommate (by the way I’m living in a men’s dormitory) at home, so its possible that all history of downloads made still in the IDMS file, and can be mistakenly downloaded at the office.

- I explained to them that its impossible for the IDM downloader was active during the time the screenshot was taken since I have in the logbook that I asked assistance from MIS to reconnect me from Internet.

- The screenshot showed also that at the bottom left corner of the screen the internet was disconnected during that time ( it was confirmed by the MIS themselves during the inspection of the evidence presented), the internet logo is very visible that you can see red X on top of it signifying disconnection.

1. Prior to this incident I have mis-understanding with these two people, one of them demoted from his/her position when I insist to the management that she/he not qualified to run the department, so I think there’s a motive to get back at me.
2. During the mediation It was found out that the evidence presented technically cannot stand to back-up their accusation.

Queries:
A. The handling of the incident with our own HR didn’t protect me from humiliation; everybody in the office heard the accusation when HR let the accuser verbally cited their complaint, in the presence of all employees.
B. It’s been a month since the last mediation with the HR and still no word from the latter. When I confronted them why no resolution came out from the above complaint. She/he told me to just go on with my works and forget everything since the accusation failed to stand-up as they claimed.

QUESTIONS:

1. Can I invoke my right to privacy, due to the fact that the failed evidenced was taken from my own laptop without my consent? ( ginagamit kop o yung laptop ko sa office, pwede ba nilang sabihin na company property since nasa office during that time?)

2. Pwede ko ba i-reklamo ang HR or Management sa maling pag-hawak ng ganitong kaso particularly this case ng HR namin? If yes saan po ako pwede mag-complain?
3. Can I sue the two co-employees for their action at paninira sa akin? Ano po kaso pwede ko ibalik sa kanila?

4. Currently I’m at odds with the Management, aside from relegating my authority and giving it to my staff, can I used the above in-action by HR and the mishandling issue to back-up my claim of Constructive dismissal?

Sana po mabigyan niyo ng kasagutan ang mga tanong ko.
Salamat po

-

View user profile

attyLLL


moderator
1) a bit of a catch 22, if you claim they took it from your laptop, then you have to admit that the evidence of porn really came from your laptop.

imo, if the laptop itself is company property then the company has full rights to check what is inside, but the right becomes very limited when the laptop is property of the employee.

you can seek monetary damages from the ones who accused you

as for constructive dismissal, you'd have to prove that this was done intentionally in order to push you to resign


_________________
[i] Visit our FB Page: BPO Employee 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

3 Constructive Dismissal on Mon Dec 03, 2012 2:11 pm

Employee


Arresto Menor
Pwede bang maging constructive dismissal evidence ang mga sumusunod:
1. I was berrated by my Boss infront of my colleague, due to differences in principle at work!
2. After the above incident, I felt I was being discrimanated, prior to the incident, I was a Mancom member, we met weekly with the Gen. Manager, but after the incident, my Boss did'nt callet me anymore to be on the regular meeting, I was the only one left at my table, while the rest were having a meeting. This happened several times in the eyes of all the employees. I have a video/pictures of these meetings complete with the time and day when it happened, can I used these as evidence?

3. Prior to the incident I have my own staff, they report to me directly and goes that way for 8 years, but after the incident, he relegated some of my responsibility and transferred to my staff, he (Gen. Mgr.) started to meet with my staff directly. The reason he give me why this is necessary was, I'm not doing my job well. But I've been handling this position for more than 8 years, and I told him that I never heard complaint from Him, infact we have double digit growth during these years. He answered me back with " Tsamba Lang" infront of all employees. Pwede bang gamiting evidence ito for constructive dismissal?

Thanks po!

View user profile

attyLLL


moderator
if there was a demotion in rank even if not in title, then it can be argued as constructive dismissal


_________________
[i] Visit our FB Page: BPO Employee 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

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

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