- 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.
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.
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.