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Constructive Dismissal

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1 Constructive Dismissal on Tue Nov 19, 2013 2:59 pm


Arresto Menor

Just want to seek for your opinion on my current scenario

I started working feb 2012 in this company which is a manpower agency. when i started in the company, they hardly do not have clients nor headcount (my area only) which is the reason they hired me as well as marketing personnel. The historical maximum sales growth since 2009 is only 57% average per month and the others are 21% and negative already and they gave me more than 400%++ jump target. They are now comparing my performance over their very unrealistic target. i know its management prerogative (despite proposing a more realistic target) but to get to my point, my employer seems trying to find fault or flaw in my performance when based on other KPIs and even the headcount target says I am performing satisfactorily but since they refuse to base their sales target on historical and still pursues for 2600+ headcount per year when we are only 4600 now which is a combination of all 34 years of the company, they persist that my performance is not doing well despite all the new accounts i have given them within 2 years.

now, she has been constantly humiliating me infront of other managers during meetings on how poor my performance is and even keeps on sermoning me in her office when the whole office can hear her shouting on top of her lungs at me. (*VERBAL ABUSE)

in my first wedding anniversary, i filed leave for 4 days to pursue a honeymoon plan we have been planning since a year ago since we were not able to do so. she refused to give me a leave saying that i should improve my performance first and that i should work on all my pending works which were all arranged already. in the end, we were not able to go to korea. (*REFUSAL OF HOLIDAY)

on the day she declined my application for leave, i informed her asst that i will be going home early because i was not feeling well since she was no longer in the office and that is our procedure in the office. the next day, i was called again to her office to listen to her sermons again. she asked me if the reason i went home early yesterday is because she declined my application for leave. i said no because i was not really feeling well since i went on a day trip from manila to subic and vice versa a day before but admitted it contributed to my condition when she gave me decision.

i talked to her and suggested that she looks for another sales and marketing because it seems that she is not satisfied with my performance and her freewill to do so for the welfare of her company. we made an agreement that we will working on it until the end of this year and then she will decide. she even made a memo for this agreement.

FYI. she even made notes on that memo regarding me sleeping on my desk during my break (which is BREAKTIME supposedly employee can do whatever she wants)

until this week, an officemate told her some stories not even worth her time, she asked me again to her office. she told me that i should think about what we talked about which is my "supposedly attitude" or else she will make the decision next week. (*employer cons employee into resigning)

then i found out that she might only be wanting to save on the yearly bonus which is entitled to regular employees. i think it was quite some time already that she was trying to find just cause for termination but unfortunately she has not found any and persist on some very small issues that i find ridiculous to even be considered "serious misconduct" i believe that she was just trying to make big deals on supposedly not a "serious problem". (*singling out for no bonus)

then i realize that when she said that i should think about it that she was implying i file my resignation (besides it was no longer working even if i say that i wanted to work because she will constantly work on dismissing me and probably until she find something to pin me down with). i think this what she was after is voluntary resignation so it would save  her the separation pay and the procedural termination (which she cant find a sound basis for) and the bonus (aside from the 13th month mandatory) due me this december.

our agreement was until december or end of this year as per memo and i think after she has released this memo, she was strucked by the benefits i will still be enjoying despite her efforts to dismiss of me. (rightfully due me) this is the reason she was making too much effort now to even resort to constructive dismissal 2-3 weeks before the bonus will be release.

So i am given until probably until monday to give her my decision and im guessing she was expecting a resignation but m planning to insist on our original agreement of december to prove myself then she can make her decision. hoping she will be in good faith and live up to our agreement considering me and my family are already expecting the bonuses i am due this december. if not and she will lay down to a termination, i will recieve the document but will immediately consult a lawyer about this since no procedure is done and did not go through even suspension or as such. for just cause, i will be demanding for separation pay as due if not i will be filing a complain as well.

my question i have a winning "constructive dismissal" case? (if i resign)

does she have a winning "just cause"termination case?

sorry for the long and detailed case. Thanks!

Last edited by kimdejesusb on Tue Nov 19, 2013 4:38 pm; edited 1 time in total (Reason for editing : Additional basis and clarification)

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