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Early retirement or constructive dismissal?

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1 Early retirement or constructive dismissal? on Mon Feb 18, 2013 11:36 pm


Arresto Menor
X is a Senior associate nurse in a hospital since 2003. 

Last october 2012 she had an apendectomy procedure which was done in the hospital where she works, and only received 5% discount from the hospital. She was advised by her doctor to have 1 month rest.

The time she went back to work, she was informed that she could no longer continue her job as associate nurse pursuant to the company's policy. Accordingly, she could no longer take part in the medical services because of her medical condition  ( apendectomy procedure and + hepa). That i dont know if such policy really exists. 

So instead, she was offered by the hospital to be a counselor of the maternal health department (a soon to be created department) provided she'll take up masters in ateneo for 1 and 1/2 years, expenses to be paid by her in service for 5 to 7 yrs . Hindi niya tinanggap for the plain reason na matanda na sya to study pa and that she's looking forward na rin to retire when she reaches the age of 60. 

By her non-acceptance, a special grant coming from the assistant director na she'll work in the hospital's information desk under the admin. nature of the job was to cater admitting and discharge of patients. This february, ung nag grant ng position nya eh nagresigned na dn so wala na dn daw ung position nya sa information. So again, the mngt insisted ung counselor position, if not, due to her medical condition, she'll be terminated or just accept the early retirement plan.

As of now, tinanggap na ni X ung Early Retirement.

Im still verifying if may pinirmahan siya na quitclaim, just in case, i think kasi my constructive dismissal eh. 😊

What recourse if any does x have, despite the fact that she already accepted the ERP?

Thank you po

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if she has hepatitis, the I have to agree that she could no longer function as a nurse. i don't think there's constructive dismissal in this case.

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Arresto Menor
Thank you attyLLL.

Atty, what if the procedural requirements are not observed specifically the certification of a competent public medical practitioner and the two written notices informing the intention to dismiss and the decision to dismiss, as well as the written notice to DOLE .. What are the implications?

And also, If i digested art.284 of labor code right, the employee terminated on the ground of a disease or illnes shall be entitled to a separation pay.

Since she already accepted the early retirement, does that exclude her right to claim separation pay in the form of financial assisitance?

Thank you

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