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Help with Constructive Dismissal

Do I have case?

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1 Help with Constructive Dismissal on Thu Sep 26, 2013 4:54 pm


Arresto Menor
Here are my questions

1. Do I have a case?

Here's what I happened. I also emailed ATTYLL for info. But Anyway, I need everyone's advise

I work as a team lead for a company in Ortigas. And as usual po, it's for a BPO. I was hired on the 28th of May, 2013. Needless to say, I am an employee under probation.

What happened was back in July, I was absent for a day because I wasn't feeling well. The rule is to call in 2 hours before the shift starts, I called a bit late, it was about 1 hour AFTER my shift started.

Upon coming back, my boss gave me a NTE which is for Negligence of duty. I asked why it was for negligence. She stated that because I am a supervisor, the expectations are higher. And that the act of not calling in, which in the employee handbook should be No Call No Show is tagged as Negligence to her. This warrants a final warning. If it was just NCNS it should be verbal warning.

When I felt that her management style will not work for me, I asked her if I can be transferred to another Operations Manager. She declined. She said that it will not make a difference anyway.

On August, they scheduled me for an uptraining. It starts at 10p. My shift starts at 4a and ends at 1p. I wasn't able to attend. In anyway, the training can always be scheduled. I live about 2 hours away from my work place. And in turn, I will not have enough rest and time to get there. Also I informed her that the reason I missed it is that the newly implemented MMDA South West Station affected the number of bus. Also, I argued that an employer should give ample time to the employee to rest before working again. That didn't happen. it was just a span of 9 hours from the end of my shift to the start of the training.

She served me the insubordination. As a case. I said I wasn't being insubordinate. It's just that I cannot attend it. As a way and a recourse, I attended the following session for the 3 day training. It did not appease her. She eventually pushed for an administrative hearing.

On the admin hearing, there were more cases that was presented against me like not following her instructions which was not in the admin hearing notice signed by human resources. The human resources representative asked if there were more cases and instances were I actually disobeyed instructions. She said there were. I asked also why is this being presented against me, she said that it's part of the process.

She was nailing me down on the The Coaching log requirement for the agents should be done on the beginning of the month. I did mine 5 days before the month ends, however, it was documented that I did my job and that I was meeting that requirement. Even though the coaching log was wrong, I was able to coach agents and do it.

After the administrative hearing, I approached the human resources person and asked for a copy of the minutes which has my signature on it. She refused to give it to me. She said that it was confidential, and as part of their process, I cannot asked for the copy. That ticked me off real bad. I approached her after an hour asking for it again, she declined.

My action was to email her copying the managerial staff together regarding the incident. She eventually caved in and provided me what I requested.

My Boss then after the admin hearing asked me to do screenshots of all of my coaching, the counter it with all of the off the phone activities of the agents which was in the hundreds. I said, there are times when agents use it, since I was not given access to the queue viewer, I cannot see when the agent does go on Coaching aux even without my knowledge. What she was trying to do was to come up with the facts that I didn't do my job.

I emailed her and asking her the bearing of that action. I asked her why do I need to do it since it wasn't a part of my job description, and it will keep me from being productive. It will take me hours if I do it that way. I have a lot of records showing that I coached each agent, but not all was documented.

I told her that her instruction has no bearing with the case since what is being examined were the acts that I committed and not the coaching. She threatened me with another insubordination.

What I did was, since it was a hostile environment for me is that I left company without telling them. The advise of my friends is that I should go to NLRC.

Today was the first hearing in NLRC. The company lawyer appeared and told me that he was there to ask what I wanted. I asked him that I want all of my back wages, 13th month pay, damages for what she did, both exemplary and moral. He said that what they will do only is to give what was due to me which is my back pay, 13th month pay prorated, night diff et al. And that their client will not go for damages.

I didn't know how to calculate damages, I only relied on what I read. I came up with 150,000. He said, it will not happen. He also said that he still doesn't know what happened. And that it's just the first meeting.

Then there will be a second meeting happening on the 3rd. Honestly, I just started with my new job, and I owed people money because I was not paid by my previous company, I cannot afford to litigate. I don't even know if I have a strong case. From what I know, it's constructive dismissal.

I have all the documents, screenshots, emails, correspondence. Honestly, I don't even know if I have a case strong enough to push through. What I want is for them to learn from what they did to me. I know it's wrong, but my knowledge is insufficient.

Please help me.


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2 Re: Help with Constructive Dismissal on Fri Sep 27, 2013 10:16 am


Reclusion Perpetua
if you can settle.. then settle.. it's hard and expensive to go to court and it takes a long time.. even if it's constructive dismissal.. you have less than 1 year of service.. maximum you can receive is 1 month salary x 1.. so it's not worth fighting for it.. if they settle and give you your backwage, night differential and pro rated 13th month and maybe 50T for damages.. take it.. and move on.

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3 Re: Help with Constructive Dismissal on Fri Sep 27, 2013 11:27 am


Arresto Menor
I agree.

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