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Illegal Dismissal?

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1 Illegal Dismissal? on Mon Feb 04, 2013 7:51 pm


Arresto Menor
This might be a very messy situation but here it goes.

6 employees have been given a letter on October 30, 2012, "the company has decided to abandon the campaign of the Outbound Calling Team. Accordingly the Company will no longer require your services, and that there are no other available positions in the company which requires your services."

The company ended these peoples' employment effective November 30, 2012, due to redundancy.

On December 11, 2012 the same company announced that they are looking to hire 6 employees as Account Managers.

More information about the company:
The former Outbound Calling Team is part or sub-group of its Business Team, where another sub-group is included, the Account Managers.

More information about the Redundancy:
3 of the 6 already received full monetary benefits, and they signed their Quit Claim and Waivers. The other 3 have not received the benefits in full yet, and have not yet signed any Quit Claim and any Waivers.

More info about the employees:
3 were probationary at the time of dismissal. the other 3 were regulars, with 9 months of tenure.

They were informed that the company filed the redundancy with DOLE on November 3, 2012.

Here are the questions:
1. Do all 6 people still have something to file as complaints against the company?

2. Do these people still have something to request or demand from the employer should a case be possible?


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2 Re: Illegal Dismissal? on Mon Feb 04, 2013 8:07 pm


Reclusion Perpetua
if they were paid.. what case will you file? redundancy means they were already paid 1 months salary for every year of service.

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3 Re: Illegal Dismissal? on Tue Feb 05, 2013 1:59 am


Arresto Menor
Can these people still file a complaint based on the belief that the Redundancy was done in bad faith?

These 6 folks' last day of work was November 30th, and on December 11th the company announces job opening for 6 people. And these people were told and given a signed letter stating that there are no other positions in the company that requires your services.

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4 Re: Illegal Dismissal? on Tue Feb 05, 2013 2:03 am


Reclusion Perpetua
There is no redundancy if the 6 opening is basically the 6 vacated by the dismissed employees.

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5 Re: Illegal Dismissal? on Wed Feb 06, 2013 2:06 pm


imo, they may file a case of illegal dismissal because there was no good faith redundancy.

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6 Re: Illegal Dismissal? on Sat Feb 09, 2013 3:01 pm


Arresto Menor
The vacant posts are listed as Account Manager and Customer Executive, whilst the 6 dismissed people were listed as Business Account Executives. Does the statement "there are no other available positions in the company which requires your services." have any bearing on the case if they were to file it?

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