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Do i have a legal case on this?

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1 Do i have a legal case on this? on Thu Apr 24, 2014 9:36 am

zhan18


Arresto Menor
Hi,

Is there a specific time frame as to when the manager should issue NTE before it will nullified due to technicality?

I was absent Dec 25 (which is a critical day), I was served NTE mid January,. Written warning was issued February,(which I sign unfortunately).
Than second absent March 25, NTE (for suspension) was issued April 23, their explanation as to why it took this long is because of the availability of the lawyer.

Cleansing of corrective action for the company is 5 months per offence, since Dec issue was issued feb the cleansing starts march and if the suspension will be approved then another 5 months from date of sign, for which in my point of view is not appropriate for this will not give me (for example) to cleanse in time. had the papers been rendered in timely basis then the time for cleansing won't be extended.

Therefore I come here to ask, if i can oppose the written warning, ( it was my first unauthorized absence and i'd tried to get exemption from the manager ) though I've already signed it.

Another issue is to get advise on what to do on this situation. I feel like I'm being attack personally by the manager. First he failed to gave me assistance after going through sick leave where I need assistance since i'm having difficulty speaking, secondly, he refuse my request to be moved on a morning shift because of my adherence poor score wherein the reason it was low is because i have to pause from time to time just to rest ( i have bronchial Asthma) , third he refuses to endorse me for applying for a non voice position because my rating is poor, reason why he put the wrong data, when he was able to correct it it was too late for the new opening,... after all this papers keeps coming. To whom should I get consultation on how to handle this matter.

Sorry too long. Hope my inquiry make sense,

Thank you.



Last edited by zhan18 on Thu Apr 24, 2014 9:57 am; edited 1 time in total

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2 Re: Do i have a legal case on this? on Thu Apr 24, 2014 9:47 am

HR Adviser


Reclusion Perpetua
None was stated in the LC

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3 Re: Do i have a legal case on this? on Thu Apr 24, 2014 3:33 pm

council


Reclusion Perpetua
zhan18 wrote:Hi,

Is there a specific time frame as to when the manager should issue NTE before it will nullified due to technicality?

While there is no specific time frame, it shoudl be within "reasonable time" - which can be anywhere from a few days to a week or so. Generally, an NTE could be challenged or invalidated if it takes more that the "reasonable time" - for example, if it is served 3 months or more after the incident.

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