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HOW TO COMPUTE THE NOMINAL DAMAGE?

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1 HOW TO COMPUTE THE NOMINAL DAMAGE? on Sun Jul 06, 2014 2:49 am

riz


Arresto Menor
Good day

WE just received the arbiters decision fr NLRC that our case has been dismissed but awarded with nominal damage amounting to 6,000.

My question is,
1. how do they come up for the computation of nominal damage? is there any minimum required amount on that?
2. If our case was dismissed, why do they still awarded us nominal damage? ive been w/ my previous employer for almost 6years, to my thinking if we are being dismissed i guess we should never receive anything. We filed another petition for the NLRC Commissioners level.

Thank you in advance

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2 Re: HOW TO COMPUTE THE NOMINAL DAMAGE? on Sun Jul 06, 2014 3:17 am

riz


Arresto Menor
we are awarded 4d the nominal damage bcoz of the twin-notice rule requirement,.

''(2) the subsequent notice which informs the employee of the employer’s decision to dismiss him (Sec. 13, BP130, Sec. 2-6 Rule XIV, Book V, Rules and Regulations Implementing the Labor Code as amended)''

though they presented the decision notice of termination, we refuse to sign..as we told them that I need to consult my lawyer & family b4 I decide, since im all by myself to our Head office b4.

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3 Re: HOW TO COMPUTE THE NOMINAL DAMAGE? on Sun Jul 06, 2014 7:27 am

council


Reclusion Perpetua
What did you do that caused them to terminate your employment?

Mali ba ang pag-terminate sa iyo?

Generally you can be given nominal damages because there was a valid reason to terminate but the company was not able to comply with due process.

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4 Re: HOW TO COMPUTE THE NOMINAL DAMAGE? on Tue Jul 08, 2014 1:40 am

riz


Arresto Menor
What did you do that caused them to terminate your employment?

Mali ba ang pag-terminate sa iyo?

Generally you can be given nominal damages because there was a valid reason to terminate but the company was not able to comply with due process.

- iam a CSR b4, as indicated to my duties & responsibilities that I signed, but according to my former employer i was the Head Inventory though iam not aware of that. There was an occurrence of theft that causes for the lost of stocks inside the office. The company put all the blame on me, including the 3 of my colleagues. The 3 of us were terminated while the other 1 was cleared. We repeatedly asked for police assistance but the company always refuse, to make it short we all felt aggregated+conspiracy from the upper management, at the end they want me to settle the lost products but I refuse. "Lost of trust & confidence" that's their reason for terminating us fr work,.all reasons was in favor to them,.

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