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illegal termination due to absences

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1 illegal termination due to absences on Thu Jun 13, 2013 10:15 am

jay pondevida


Arresto Menor
hi. good day.

i would like to seek your advice regarding my complaint against my company on illegal termination. i was terminated due to absences, however all my absences i provided a valid medical certificate from their accredited medical center except for only one day (april 18, 2013) and due to that i was given a RFI. plus, the RFI (request for investigation) was dated april 20, 2013 and it was given to me only on may 21, 2013 and its including my previous and present absences. first the NTE states only for April 18, 2013 absence but on the side there was a note written in ballpen allof my absences from april to may. i was terminated after a admin hearing last may 30, 2013 and i filed a complaint at nlrc last june 4, 2013. we finished our first meeting last june 11 and will meet again on june 18. im a regular employee of the said company and all my absences was paid by sl or vl since our company olny allows us to use on one sl per month. my question is, do i stand a chance in winning this case? all the medical certificates are with the company and their lawyer is bullying me with a lot of labor fact that im not aware off and familiar with. please advice.

thanks and regards

Jay

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2 Re: illegal termination due to absences on Thu Jun 13, 2013 12:06 pm

Patok


Reclusion Perpetua
i think you have a valid case, they can terminate you for absences if it's habitual.. but if you are sick, that's a different story.. you can go to NLRC and file a case there..

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3 Re: illegal termination due to absences on Thu Jun 13, 2013 1:15 pm

jay pondevida


Arresto Menor
i already went to nlrc and had our first meeting. another concern of mine is the NTE or RFI is just for my April 18, 2013 absence and when i received the RFI it also included even the previous absences from april and the recent absences for may that i did and it was written in pen on the side. it took them almost i a month to act on the RFI. my other question atty is what settlement can i ask from them? i'm a regular employee and been with the company for almost 6months. i worked hard the whole month of may to reach out targets to get the 4k increase but i wont get it anymore because they already terminated me on May 30, 2013. i also ddnt received any written warning or any document stating that it's a final written warning for the absences. they also revised the attendance policy on April 1, 2013 but we never got a copy of it. please advice.

thanks and regards

Jay

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