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Constructive Dismissal? Shortened it a bit

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1 Constructive Dismissal? Shortened it a bit on Thu Mar 06, 2014 12:46 pm

Boybutet


Arresto Menor

The issue started when our company hired a new head for my department and things are not working that good for our departments image but lately me and a colleague had been noticing na kami ang pinag iinitan ng company for all the blames, for short our assistant dept. manager and manager, hr manager and our company owner had a meeting regarding our department.

A dept. meeting was called by my manager and it all started with him and our asst manager telling us na sablay daw ang dept and the main reason seems to be blamed on us kasi daw we do not perform well and as a plan and proposal daw if no great improvements shall be done before the end of March the company shall be forced to put us back to job sites and effectively dissolve our positions, 2 org charts was also shown by my boss yun isa was yun current setup namin and our positions included in the chart of Head Office HSE Department and yun isa naman nawala yun position namin and it was included below the head office part instead it was placed to project sites, I voiced out that we should not be removed from our positions since there is no proof that we are to be blamed, it came to a point also that me and my co-worker who happens to be a coordinator also in the department were stating na unfair naman na kami ang masisisi yet no Job Descrption and Duties were given to us despite na 1 year na yun position namin so paano mangyayari na kami ang sisishin. We also told him na we are very much willing na magharapharap in front of the owner para magka-alaman na kung sino ba talaga ang sablay sa department.

A week came and a JD was presented to us by my Manager, Asst Manager and HR Manager in front of the company owner in our regular coordiantion meeting and I simply told them that well review the JD bago kami mag sign which they accepted; we reviewed the JD they made and there were some clause that I find weird since the position were having right now is not new and 1 year na kami sa position na yun so its quite impossible.

Im attaching here important parts of my letter to them for a better picture.
1. Under job duties & responsibilities part which states that “To include, but not restricted to, the following duties” and “Performs and assume other duties and responsibilities as may required by the HSE Manager and Asst. Manager”
 

It has been 3 weeks since I gave my boss our response letter regarding the above clause but till now no reply has been given to us yet pero non stop issues concerning our jobs and the dept. are still being thrown to us like a jobsite informing my colleague that the company owner informed their site manager that he (my colleague) shall be transferred to jobsite soon.

We are certain that we had been performing with our respective position since most memos and policies are made by us that also includes meeting including its minutes that are being precided by us, continous site visits, inspections and citation reports signed by us.

What can we do about the above since we are really bothered on the deliberate pressure the company is giving us and it seems na lahat ng trabaho pinapagawa na samin to a point na para malaglag kami kapag may nangyaring sablay.

Sorry if the story was too long pero pinaikli ko na po, Thank you very much in advance!



Last edited by Boybutet on Fri Mar 07, 2014 1:06 pm; edited 2 times in total (Reason for editing : Edited the title, Spellings and shortened it a bit)

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2 Re: Constructive Dismissal? Shortened it a bit on Sat Mar 08, 2014 12:50 pm

vane


Prision Mayor
correct me if i'm wrong, i di-dissolve ang positions nyo because you're not performing well at puro sablay?. i believe if the mgmt will terminate you for this reason it is just cause, they have to follow due process, meaning the twin notice and conduct a thorough investigation. now, if the verdict of the Employer after the investigation is to dissolve your positions, you have the right to question the decision of the management since the burden of proof is in the employer. They have to justify the termination of an employee for performance related reasons.

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Boybutet


Arresto Menor
Yup thats what my manager is telling during that time pero what bothers us most is walang formality lets say that mahina performance namin or something ang it seems na bibiglain nalang nila kami sa pag lipat ng jobsite from head office, it would be ok kung ganun nga kaso we currently handle not just one jobsite so basically if ilalagay mo kami sa jobsite, it only shows na nademote kami kasi isa lang ang ihahandle namin if mangyari yun, BTW as of today no mention of our reply to their proposed JD has been released.

So if no release of a twin notice and investigation is being done tama po ba ang understanding ko that theyll have some problems kung itutuloy nila plan nila, can the issue of having no formal JD and duties be brought just incase, kasi walang pagbabasehan din for our performance indicator so paano magagauge yun tamang performance for our position?

Thank you very much!

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vane


Prision Mayor
[quote="Boybutet"]Yup thats what my manager is telling during that time pero what bothers us most is walang formality lets say that mahina performance namin or something ang it seems na bibiglain nalang nila kami sa pag lipat ng jobsite from head office, it would be ok kung ganun nga kaso we currently handle not just one jobsite so basically if ilalagay mo kami sa jobsite, it only shows na nademote kami kasi isa lang ang ihahandle namin if mangyari yun, BTW as of today no mention of our reply to their proposed JD has been released.

So if no release of a twin notice and investigation is being done tama po ba ang understanding ko that theyll have some problems kung itutuloy nila plan nila, can the issue of having no formal JD and duties be brought just incase, kasi walang pagbabasehan din for our performance indicator so paano magagauge yun tamang performance for our position?

Thank you very much![/quote]



A transfer amounts to constructive dismissal when the transfer is unreasonable, unlikely, inconvenient, impossible, or prejudicial to the employee. (Phil. Industrial Security Agency Corp. vs. Aguinaldo, G.R. No. 149974, June 15, 2005.)

-yes, JD will become the issue if that's the case.

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5 Re: Constructive Dismissal? Shortened it a bit on Thu Mar 13, 2014 10:48 am

Boybutet


Arresto Menor
Thank you very much Vane!!! Yup, the management released the order that my collegue shall be transferred to our jobsite since its a sound buss decision for the company, were just awaiting for the Table of Organization and JD of the position he shall be transferred to since yun ang nirereason nila pero would you think may since if we have an old file showing that way before may deliberate plan na ilipat kami to a lower position like yun TO na napresent nya samin dati pa and stating na iaabolish kami for the poor performance kuno.

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