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Constructive Dismissal?

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1 Constructive Dismissal? on Thu Nov 28, 2013 2:19 am


Arresto Menor
Hi Guys,

I just want your comments on what can I do legally with regards to my situation.

My situation is that I was transferred to one of our branches(1hour away from my house) and the agreement(verbally) was I will only be there for 1month only but it has been 3 months already and they still haven't transferred me back to my original branch which is nearer to my house. Though I was given a transportation allowance for my transfer, I told them that I can't work there anymore. They said that they still need me there and as much as they want to transfer me back, they can't. I don't remember having a legal document or email that I agreed to the transfer and even if there is one, I only agreed to for a certain time. Another point to consider is that I still haven't given any resignation letter yet. I just want to know if my situation can be construed as constructive dismissal? If this is not considered as a constructive dismissal, what can I do? Thanks in advance!

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2 Re: Constructive Dismissal? on Thu Nov 28, 2013 10:07 am


Reclusion Perpetua
i dont think that will be constructive dismissal. You can always resign.

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3 Re: Constructive Dismissal? on Fri Nov 29, 2013 9:42 am

HR Adviser

Reclusion Perpetua
Constructive Dismissal for transferring an employee usually entails with bad faith. Basing from your narration, it seems that you are transferred due to the demand of the business operation.

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