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NLRC Case Constructive Dismissal: Want to ask for extension

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millimarti


Arresto Menor
Hi Atty,

Need your advice regarding my ongoing labor case against my former employer for constructive dismissal. We are at the stage of filing position papers but due to financial constraints and working doubly hard to get by, I failed to prepare a position paper the submission of which is tomorrow.

How do I ask for an extension? Does it have to be formally written or can I just go there and request?

You see I'm a single mom trying to get by through working from home so any time I spend there in NLRC is money unearned for me. The respondent has not been cooperative in the first sessions of mediation, it's always me who's present. But when it came to filing position papers, naubos na budget ko and can't afford to go there and even can't afford to waste time going to PAO. I got a letter from NLRC na the respondent filed their position paper but did not leave a copy with them dahil hindi pa daw ako nag-file. I dunno if I'm getting paranoid pero the arbiter seems leaning on the side of the complainant.

Anyway, please let me know how I should file for an extension and if it's wise I prepare my own position paper. PAO in NLRC is not helpful at all, kung makita niyo lang how they treat complainants there...

Thanks!

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council


Reclusion Perpetua
All communication with DOLE/NLRC need to be typewritten in the proper format.

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chaw


Arresto Menor
millimarti wrote:Hi Atty,

Need your advice regarding my ongoing labor case against my former employer for constructive dismissal. We are at the stage of filing position papers but due to financial constraints and working doubly hard to get by, I failed to prepare a position paper the submission of which is tomorrow.

How do I ask for an extension? Does it have to be formally written or can I just go there and request?

You see I'm a single mom trying to get by through working from home so any time I spend there in NLRC is money unearned for me. The respondent has not been cooperative in the first sessions of mediation, it's always me who's present. But when it came to filing position papers, naubos na budget ko and can't afford to go there and even can't afford to waste time going to PAO. I got a letter from NLRC na the respondent filed their position paper but did not leave a copy with them dahil hindi pa daw ako nag-file. I dunno if I'm getting paranoid pero the arbiter seems leaning on the side of the complainant.

Anyway, please let me know how I should file for an extension and if it's wise I prepare my own position paper. PAO in NLRC is not helpful at all, kung makita niyo lang how they treat complainants there...

Thanks!


Hi position paper is just an essay that narrates about what happened during your claim "constructive dismissal"It's like you are telling a story. It should cover all claims and causes of action raised. The respondent has the right not to give/leave a copy of the their letter kase usually kaliwaan yan. I'm not sure if the arbiter will grant your request of extension since tomorrow is your deadline mas maganda kung maaga ka nag request.

My advice filing a case is very serious and TIME consuming make sure that you can attend to all requirement especially if the formal trial officially start. You should also make sure that you have written evidence that can support your claim hindi yung puro verbal lang. Smile

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