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Redundancy VS Constructive Dismissal

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1 Redundancy VS Constructive Dismissal on Wed Dec 12, 2012 3:24 pm


Arresto Menor
Magandang araw po at nawa'y matulungan ninyo ang ating kaibigan na nangangailangan ng tulong.

Initially, the issue started when the employee reported issues relating to management (fraud, misconduct, coercion, concealment of issues, etc.,), then it was later found out and the employee was apprehended and served an NTE. On the day the Notice of Decision was served, employee were already removed out of the Program/Project with 15days suspension. employee is now reporting directly to Mother Company. After a month working on so called "Bench" no project nor client, employee were offerred for redundancy, this merely is a Constructive Dismissal leading to Redundancy, Status of Employee is Regular, 2years of service.

Complaint were already filed at NLRC for Illegal Suspension but the hearing was moved next year due to document inavailability or reported lost from NLRC's side, If employee will accept the redundancy (which is no other option), a waiver may void the complaint from NLRC right? Can the employee file an Illegal/Constructive Dismissal too?

Please help. confused

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2 Re: Redundancy VS Constructive Dismissal on Wed Dec 12, 2012 3:48 pm

Pedro Parkero

Reclusion Perpetua
lahat naman yan posible.
ang dapat mong problemahin ay yung "may totoo bang basahen ba ang suspensyon" at "may totoo bang basehan ba ang redundancy"... in short, ang magicword ay...totoo.

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3 Re: Redundancy VS Constructive Dismissal on Wed Dec 12, 2012 4:37 pm


Arresto Menor
Salamat sa iyong opinion : Pedro Parkero

Notice of Redundancy pa lang ang ibinigay kay employee at via email pa even if nasa office and next to HR lang ang station nya, it could have been served personally, right? Should the employer provide an option if he will accept it or not? And the mere fact that the employee is the only one who will get redundant and the Project/Client is on continous hiring. A sanction has been served and it is not mandated to any policy why the employee was suspended. According to the Administrative Committee, it's Management's discretion and decision to sanction the employee with such disciplinary action. A little absurd and sounds personal as the employee mentioned. Given the fact that employee were already disciplined even if the decision was not clear.

To all Labor Lawyers/practitioners, your opinion or inputs would be highly appreciated.

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4 Re: Redundancy VS Constructive Dismissal on Thu Dec 13, 2012 11:06 am


Reclusion Perpetua
redundancy.. so babayaran sya.. walang illegal dismissal don.. bayad nga eh..

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