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Constructive Dismissal

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1 Constructive Dismissal on Thu Jan 30, 2014 1:20 pm


Arresto Menor

I was a sr manager for a BPO company last year but i resigned 3rd quarter of 2013 because my line manager has already advised me since 2nd quarter of 2013 that they have posted a job vacancy externally for my position. My line manager has advised me that they have done this due to non-performance of work. When i got back from my vacation my boss repeated the same line to me but this time he has advised me that they are interviewing people already for my position. He also advised me that the guy who was just in his room was the top candidate and will have a final interview with the boss of my line manager. I have reported this to our HR department but what they have only done is told my line manager that i told HR my frustrations. My Line Manager talked to me again telling me that i will be terminated if i dont shape up my performance. No coaching or documentation was done about my poor performance. I have always disputed this poor performance based on wrong analysis of the client which my line manager backs up as well. It has been 5 months since i resign because i am still waiting for another promise given by them that my statutory benefits will be fixed which is up until now.

To the 2nd case which i have mentioned above. Since the time i was employed with them i have been asking them to fix my personal statutory benefits and my employees statutory benefits but till now there are still employees who's benefits are not yet fixed. I have been admitted to the hospital last May or June due to an infection and i have to pay everything since Philhealth told me that i have not contributed in the last 6 months (or something to that). My mom got hospitalized 3rd quarter of 2013 and i cant use my Philhealth as well as i dont have contributions to them.

Here are my queries:
- Can i still file constructive dismissal even if i resigned from the company? Knowing that my line manager is already managing me out by interviewing people? Also, from 4th quarter of 2012 to 3nd quarter of 2013 the employees that i am handling has diminished from 600 employees to 45 - 60 employees.
- What can i file for the statutory benefits since i paid full for my hospitalization and my mom's hospitalization which i shouldnt be doing due to Philhealth benefits?

What do i have in writing:
- My previous company laptop with the following:
- Letter sent to my Line Manager regarding our conversation that he is looking for my replacement and he is already
interviewing people to replace me. I have confirmation sent by my Outlook that he has read it.
- A recording done by me and my line manager about replacing me but in the recording it seems he just ignored it
- An Organizational chart that says i handled 600 employees and now before i resigned only handling 45-60 employees
- An Organizational chart that illustrates that a manager that i was handling before is not under me anymore and has more employees than what i have
- An Organizational chart that illustrates that 2 managers and a prospective manager (supervisor level) is the same level as i am
- SSS Online Summary of Contribution that up until now is not updated with my contribution
- Official Philhealth contribution list done by my previous company

Thank you so much for your help.

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2 Re: Constructive Dismissal on Thu Jan 30, 2014 2:12 pm

HR Adviser

Reclusion Perpetua
You can try filing. Anyways there will always be a mediation before the case.

As per statutory benefits, you need to file a separate complain at the SSS, philhealth, Pag-ibig

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