sylfronda wrote:Hi Atty Joyce,
I just want to seek advice and check from another point of view about my case. Actually pa supreme court na po kami.
Here is what happened...
Bale I was assigned as a closing manager na tapos merong tinatawag na commitments (call back) where dapat d namin ma miss. Ang nangyari on a specific day, (since ako ang closing manager, I need to make sure na wala ma miss na commitments) may nakalusot. So inamin ko naman un but with the reason na daming manager calls ng time na yun (final warning given). Ang sabi after about a month pde un ma clear as per internal agreement. But on the day before na ma clear un (after my restdays) ung system na kinukuhaan namin ng commitments ay down. So kinuha ko n lng ung latest na list and doubled and even tripled check it pero may naka lusot pa din. So may NTE na binigay then case con and they terminated me.
The normal process ng commitments namin is that once the agent processed a commitment, it should be checked by the direct supervisor, then direct manager, then me. So I'm guessing na if they terminated me then the direct supervisor and manager should have been terminated as well (which did not happen).
This is an ongoing case already for 4 years (going 5 once we pursue with supreme court). Sa NLRC they told the company that they need to pay me 640k for damages, pero di sila pumayag and pinaakyat ung case, bumaba ng 80k pero pinaakyat pa din nila then 13k n lng ung result. Sabi ng atty ko kami naman daw po papaakyat ng case so it went back around 120k. But since it is already on going for a long time and we believe that I was illegally dismissed then we tried to appeal for it. But court of appeals declined it and parang walang nangyari lng sa ginawa naming position papers. So heto po... still want to pursue sa supreme court since really frustrated po ako... ako po ginagawa lahat ng makakya para walang agent under my cluster ang mag miss commit then ung iba parang wala lng kse andyan nman ako...
Ang isa pa po, sa report nila, my name was not even on the list, it just shows the name of the agent, supervisor and direct manager. And one more is that they never showed any papers that they gave any warnings on the supervisor and the manager which is not really fair.
Do you have any advice about this Attorney?
Do you think that we can still win this?
Sorry po at medyo napahaba ang kwento
1. First and foremost po, I AM NOT an ATTORNEY PO. I am just in IT industry for more than 10 years with client and people management work experiences too. I understand how you feel for your case, because I have mine in years on going as well.
2. My question is that on your story, you mentioned na manager level ka na. Is that in you JOB CONTRACT? If so, are the details of your tasks are stated clearly in the JOB CONTRACT? This piece of paper tells you about your contract and obligation to the company. This also tells you how you are accountable for your assigned duties.
3. Another question is - you haven't mentioned in your story how long are you in the company before you were terminated? if regularized, then the whole IR thingy should undergo go the DUE PROCESSES mandated by labor laws. If probationary ka, then the company has strong chance to terminate any manager, by position, given the valid and just causes on performances and violations on company policy. You see- pag mantaas ang position, lalo manager, malaki ang lawak ng duties mo. Even, ikaw gumawa or tao mo ang gumawa as long as the violation is withing your jurisdiction- eh meron ka pa rin responsibilities to uphold.
4.Another question - what did you use as bases of your illegal dismissal? how did the company handle your due processes for this incident report?
5. What happened specifically, why did Court of Appeal "DECLINED IT"? What do you mean exactly? Wala bases ba ang appeal mo or appeal ng company mo? (This one medyo malab sa kwento mo)
For now, based sa kwento mo, it seemed na me mas laban ang company mo against sa arguments mo- unless you provide specifics on your cases/arguments why you believed na illegally dismissed ka.