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Constructive Dismissal?

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1 Constructive Dismissal? on Wed Feb 11, 2015 10:48 am

Maiden888


Arresto Menor
I was supposed to be transferred due to medical accommodation. Although my schedule has been changed, but I became on a floating status in the same department which operates on night time. Therefore, my work cannot be evaluated in the same way my colleagues are. There was nothing to do. I talked to higher up and was told that he will follow up with my manager. Evidently he did because my manager told me so and my manager mentioned that they will soon transfer me. However, it never happened. I am still with the company, floating for months. I am paid but for delicadeza, I felt the support I am given is not what I really need. What I need is a job not a free ride on a "medical accommodation". Please note that everything has been done (meetings with management, medical certificates submitted to company physician and HR has already been engaged) initiated by me to rectify my situation.  Still to no avail.

While on this status, I have been a subject of complaints and alienation by my colleagues. I was even told by a colleague that some are watching my every move. I felt betrayed, anxious and depressed with my status spending sleepless nights not having peace of mind.

Fast track to last month, I requested a meeting again from my manager to follow up my transfer. The manager said I need to apply.  Contrary to what was initially agreed. I did apply but there's nothing much I can present as accomplishments as I was idle for almost a year. So my applications so far are unsuccessful.

Now, my company has been working on redundancy. I felt like a candidate because of my status.

I felt it isn't fair because my being floating for months is not my doing. Plus, had it been I was transferred right away, I could have managed my performance being given the same playing field. I have all documents to prove the turn of events.  Is intentionality of delay to get rid of me evident on my case? Given the circumstances, was the delay done with malice?



Last edited by Maiden888 on Wed Feb 11, 2015 1:56 pm; edited 1 time in total

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2 Re: Constructive Dismissal? on Wed Feb 11, 2015 1:51 pm

council


Reclusion Perpetua
I don't see any constructive dismissal here.

You were reporting to the office and getting paid for it.

You might be considered for redundancy and that is within their rights.

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3 Re: Constructive Dismissal? on Wed Feb 11, 2015 2:00 pm

Maiden888


Arresto Menor
council wrote:I don't see any constructive dismissal here.

You were reporting to the office and getting paid for it.

You might be considered for redundancy and that is within their rights.

Thank you for your input. How about my right to manage my performance? My right to peace of mind during the duration of my being on a floating status? The "hostile " environment that I was subjected to because of delayed action?

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4 Re: Constructive Dismissal? on Wed Feb 11, 2015 3:04 pm

council


Reclusion Perpetua
Maiden888 wrote:
council wrote:I don't see any constructive dismissal here.

You were reporting to the office and getting paid for it.

You might be considered for redundancy and that is within their rights.

Thank you for your input. How about my right to manage my performance?  My right to peace of mind during the duration of my being on a floating status? The "hostile " environment that I was subjected to because of delayed action?

Complain to your manager and HR about the environment which is not healthy for you.

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5 Re: Constructive Dismissal? on Thu Feb 12, 2015 12:48 pm

Maiden888


Arresto Menor
Thank you...

And if they turn a blind eye?

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6 Re: Constructive Dismissal? on Thu Feb 12, 2015 2:14 pm

council


Reclusion Perpetua
Maiden888 wrote:Thank you...

And if they turn a blind eye?

Ask if you're included in the redundancy list.

If yes, look for a new job while still "working" with them.

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7 Re: Constructive Dismissal? on Thu Feb 12, 2015 2:50 pm

Maiden888


Arresto Menor
I am covered by a Republic Act. I didn't want to use that but apparently, I was denied that right for months! Now I should not complain being in the redundancy list?  "Malice"? There were and there are vacant positions still. What's your opinion on that?



Last edited by Maiden888 on Thu Feb 12, 2015 3:16 pm; edited 1 time in total

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8 Re: Constructive Dismissal? on Thu Feb 12, 2015 3:08 pm

council


Reclusion Perpetua
Which particular RA and provisions therein?

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9 Re: Constructive Dismissal? on Mon Feb 16, 2015 10:15 pm

Biel26


Arresto Menor
I already advised my boss that i will be resigning by late this year but i was asked by my superior that i need to reasign early so they can hire another person for my position. I already filed for resignation.Am i entitled to separation pay?

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10 Re: Constructive Dismissal? on Tue Feb 17, 2015 3:35 am

council


Reclusion Perpetua
Biel26 wrote:I already advised my boss that i will be resigning by late this year but i was asked by my superior that i need to reasign early so they can hire another person for my position. I already filed for resignation.Am i entitled to separation pay?

Unless there is a policy or provision in the company regarding this, you will not receive any separation pay if you resign.

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11 Re: Constructive Dismissal? Today at 1:57 pm

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