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termination

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1 termination on Wed Apr 17, 2013 3:39 pm

theb


Arresto Menor
We actually have an employee who was negligent and caused damages to the company of around half a million but he was only given a 30 days suspension for that and it happened MArch 20, 2012 then this year Feb 2013 the same incident happened and this time the cost was up to 100,000. He was denying the fact that it was his fault he was pointing a finger to the driver who is doing delivery for the company however, during conference it was discovered that he did not follow the standard procedure before allowing the delivery driver to leave the company premises which was to check the delivery. He is refusing to accept his termination letter and he is pleading that he be given another chance. He has been given an opportunity with the first incident that he was only given 30 days suspension. Can he file a case at DOLE for illegal dismissal if ever but due process was given to him.

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2 Re: termination on Wed Apr 17, 2013 7:05 pm

attyLLL


moderator
yes he can. be prepared to prove the basis of his termination


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3 Re: termination on Thu Apr 18, 2013 9:17 am

theb


Arresto Menor
Thank you for that response however,what would be his basis for complaint? Because he was negligent in doing his part. He is actually a boiler and during unloading of bunker oil he is supposed to check the delivery before the unloading and after unloading to make sure that the bunker oil was unloaded properly however when the driver told him that he was leaving he only checked the tanker containing the fuel but he did not check the unloading area and he allowed the delivery truck to leave. Then later on it was discovered that there was spillage.

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4 Re: termination on Fri Apr 19, 2013 12:16 pm

oli taltaun


Arresto Menor
Sir, I am an operation manager of a distributor whose business is about to cease this end of the month for authorized cause. There has been no notice given by my employer to all employees regarding the end of their employment as a result of the cessation. Likewise, the computation of the separation pay is not yet presented to them. I just want to know if it is the prerogative of the employer not to notify anymore his employees and not to show the amount of paycheck which they will receive when the closure of the business takes effect? Thank you.

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5 Re: termination on Fri Apr 19, 2013 5:57 pm

attyLLL


moderator
theb, the law gives him the right to question the termination, and allocates the burden of proving the validity on the employer.

oli, there has to be 30 day notice when employment will end. but it is within company discretion whether they will show the computation before hand


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6 Re: termination Today at 1:22 am

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