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Is this unjust vexation?

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1 Is this unjust vexation? on Thu Oct 10, 2013 6:49 pm

alexisbantilan


Reclusion Perpetua
During the admin hearing with the HR Manager and supervisor, the manager utter a word on me saying, "bago ka mageklamo linisin mo muna bakuran mo, kung hindi wawalisin na kita sa susunod". Before hand I am questioning some policies and irregularities in company implementations. So in the later part, nabutasan ako ng HR Manager due to my tardiness, he eventually decided to penalized me 30 days suspension, which I already served.

Is the HR Manager utterance os such word can be ground to sue him with unjust vexation?

Thanks.

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2 Re: Is this unjust vexation? on Fri Oct 11, 2013 9:21 am

Patok


Reclusion Perpetua
what do you want to happen say if you sue your HR Manager? Would you think that will result in a positive way? Will you be able to work normally in that company after you sue him? Think first of the outcome of your actions.

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3 Re: Is this unjust vexation? on Fri Oct 11, 2013 12:10 pm

alexisbantilan


Reclusion Perpetua
Of course this is to remind everyone that law still exists, Over descrition of power..We have equal protections of the law, irregardless of positions and rank...

By the way, thanks for your comment.

But I want to seek legal advice from moderator aside from members only.

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4 Re: Is this unjust vexation? on Fri Oct 11, 2013 2:31 pm

HR Adviser


Reclusion Perpetua
1. According to Phil Law Dictionary, Unjust vexation is defined as anything that annoys or irritates other without justification. Given that premise, if you are guilty with tardiness, the statement can be justified.
Reference:
http://books.google.com.ph/books?id=9kHxFAegYEsC&pg=PA23&lpg=PA23&dq=unjust+vexation+elements&source=bl&ots=4Mudd7RYcC&sig=glnbZBIPJTgiKjSTjkNVistFI50&hl=en&sa=X&ei=JIZXUp2YK8KtiAeRl4CwAw&ved=0CGQQ6AEwBjgK#v=onepage&q=unjust%20vexation%20elements&f=false

http://lawphilreviewer.wordpress.com/tag/criminal-law-book-2-title-thirteen/

2. You will also need a "Proof of truth". Do you think the supervisor will risk his position to testify in favor of you?
http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htm#.UleMZNJgeFw

3. http://www.pinoylawyer.org/t1240-free-advice-unjust-vaxation

Good Luck on your case

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5 Re: Is this unjust vexation? on Fri Oct 11, 2013 3:17 pm

alexisbantilan


Reclusion Perpetua
Of course he will not, that's why its up for the labor court to decide if its true or hearsay.

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6 Re: Is this unjust vexation? on Sat Oct 12, 2013 10:05 am

HR Adviser


Reclusion Perpetua
Unjust Vexation is not heard in the labor court since it is not a labor case. What I am trying to tell you that that, apart from your testimony, you need credible witness/es for you to win the case. The Manager could simply deny everything. And since there are other people in the meeting, their testimonies are crucial that is why I am asking you if you could get your supervisor to testify in behalf of you despite the risk.

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7 Re: Is this unjust vexation? on Thu Oct 17, 2013 10:27 am

alexisbantilan


Reclusion Perpetua
Noted Hr Adviser.

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8 Re: Is this unjust vexation? Today at 11:33 pm

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