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illigal dismissal appeal need help

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1 illigal dismissal appeal need help on Sat Jun 28, 2014 9:06 pm

Restituto


Arresto Menor
The Labor arbiter just released a favorable decision regarding my Illegal Dismissal case against my former employer. Question, I was granted only the backwages, why isnt there any moral damages? Can I add that to my reply on their appeal? How long does it usually take for The Committee's decision? If the decision is still in my favor, will they have another chance to appeal? Need some advice. Thanks!

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2 Re: illigal dismissal appeal need help on Sat Jun 28, 2014 9:26 pm

council


Reclusion Perpetua
Restituto wrote:The Labor arbiter just released a favorable decision regarding my Illegal Dismissal case  against my former employer. Question, I was granted only the backwages, why isnt there any moral damages? Can I add that to my reply on their appeal? How long does it usually take for The Committee's decision? If the decision is still in my favor, will they have another chance to appeal? Need some advice. Thanks!

Did you ask for damages when you filed your case?

How much, and for what reason?

Appeals can go from NLRC to Court of Appeals and Supreme Court.

Can take sometimes 10+ years for decision and execution.

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3 Re: illigal dismissal appeal need help on Sun Jun 29, 2014 1:19 am

Restituto


Arresto Menor
I ask for 500k for illegal dismissa withou proper due process.. they didnt present any witness during my hearing. 30 days after d hearing i received a letter that im terminated. It took 8 months before the decision of the arbiter.. on their appeal can i ask damages because they are prolonging d process. The should just pay me rather than depositing a surety bond... usually hw long will nlrc release their decision on the appeal?

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4 Re: illigal dismissal appeal need help on Sun Jun 29, 2014 6:32 am

council


Reclusion Perpetua
Restituto wrote:I ask for 500k for illegal dismissa withou proper due process.. they didnt present any witness during my hearing. 30 days after d hearing i received a letter that im terminated. It took 8 months before the decision of the arbiter.. on their appeal can i ask damages because they are prolonging d process. The should just pay me rather than depositing a surety bond... usually hw long will nlrc release their decision on the appeal?

What was the reason for your dismissal? Which part of due process was missed?

500K for damages is too much especially if you do not show or explain (or the arbiter cannot see) why you are entitled to it.

You cannot ask for damages because they are prolonging the process (of appeal). That is their right.

The surety bond is a proper procedure - because if they pay you now, but they win their appeal, or in CA or SC, then it may be difficult to claim back the money from you.

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5 Re: illigal dismissal appeal need help on Sun Jun 29, 2014 3:03 pm

Restituto


Arresto Menor
Somebody used my login and alleged me that i instruted the person. On the hearing the person that they are accusing that used my log in resgned. They signed the clearance of the employee. After the agent resogned thats the time they served the nte to me. On the hearing nobody is there to testify against me. Thay just asked me to be on the hearing. on the summon they didnt tell me to bring my legal counsel. On my termination paper they put a name of a person that o dont kno. After 6 months when the arbiter is doing some investigation. They named the person and pass a sworn statement. The person is available at the time of the hearing. So is it legal to present somebody that is not examined on the hearing even the personis available and take note the name of the person on the termination paper and the one who gave the sworn statement doesnt match.The name on the termination paper is just first name and sounds like the name on the sworn statement. On the sworn statement they said about the all the evidences that they had but they didnt present anything that will prove that im the one who instructed that person. So malakas ba ung kaso ko even nagappeal sila?

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6 Re: illigal dismissal appeal need help on Tue Aug 05, 2014 1:21 pm

Restituto


Arresto Menor
Hi,here's an update regarding my case. A decision has already been made my the 3 commissioners. They dismissed the case due to lack of merit. It was released before the end of July. Now,I have received a copy of the decision last July 27 and said they have 10 days to file a Motion for Reconsideration. But until now though I havent received any news yet if they did. They have until August 7,right? If they don't file, what happens next? And if they I know I have to wait for another decision. Please advise. Thank you

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7 Re: illigal dismissal appeal need help on Tue Aug 05, 2014 1:38 pm

council


Reclusion Perpetua
Dismissed ang case nino?

ikaw ang nag file ng reklamo nung una?

So kung na-dismiss ang kaso na sinampa mo, ikaw ang mag-file ng MR.

O ibig mo ba sabihin na-dismiss ang appeal nila?

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8 Re: illigal dismissal appeal need help on Wed Aug 06, 2014 9:12 am

Restituto


Arresto Menor
Sorry. Nadismissed yung appeal nila. How many days ang bibilangin ko from d time nareceive ko letter of decision of nlrc commissioner? Kasi as of today it is the 9th day and i didnt hear anything from my lawyer na nagmotion sila. Kung nagmotion sila what will happen next? If not, maiaaward na ba sa akin ung claims ko? Naka surety bond nman un dba?

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