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is it possible for an employee to refuse the notice of dismissal if the employee felt there was no due process?

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MissCMV


Arresto Menor
hi. I want to ask for advice about how to go about my fiance's situation.

after replying to the notice to explain, the company set an administrative hearing.

however, my fiance felt that from the start, he was not being accorded due process.

before the hearing, the venue was changed and nobody informed my fiance about the change in venue.

during the hearing, my fiance felt that he was not given ample opportunity to be heard because they kept interrupting him when he was trying to explain his side. it was obvious that the hearing was just a formality. they said that they will give the decision tonight, April 09.

my fiance feels that because he was not given ample opportunity to explain his side, the decision will be dismissal/termination.

is it possible for my fiance not to accept the notice if he disagrees with it? there is nothing in their handbook about contesting/appealing decisions.

i also saw somewhere in the labor law that employers are required to send the notice to the last known address of the employee and must report it to DOLE.

if my fiance refuses to accept the notice of dismissal, can he still continue going to work?

thank you for your advice.

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Lunkan


Reclusion Perpetua
No, but you can make it a case in DOLE or court.
(Don't expect to get the work back, but if it's found the dismisal was illegal, then the verdict can be you get compensation.)

Perhaps you DON'T NEED to go to DOLE/court, if the opponent get SCARED of you TELL them you will, so they let him KEEP the job. BUT it can be very stressful to stay working there Shocked so IF winning in court it can be better to GET an illegal dismisal Smile

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MissCMV


Arresto Menor
to be honest, the company has done it before so they don't get scared if someone says DOLE or NLRC.

if ever, would it be better to receive it and put a "under protest" note or refuse it outright? from what he has seen kasi, if may ganun sa company nila, pinapa-receive dun sa katabi na officemate "in behalf" DAW.

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council


Reclusion Perpetua
MissCMV wrote:to be honest, the company has done it before so they don't get scared if someone says DOLE or NLRC.

if ever, would it be better to receive it and put a "under protest" note or refuse it outright? from what he has seen kasi, if may ganun sa company nila, pinapa-receive dun sa katabi na officemate "in behalf" DAW.

Pwedeng kumuha ng witness sila o kayo para sabihing "refused to receive" - then ipapa-mail na dapat.

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MissCMV


Arresto Menor
pero alin ang mas advisable para sa employee? yung ireceive nya pero lagyan ng notation na "received under protest" or hindi nya tanggapin at kumuha yung company ng witness na refused to receive tapos ime-mail?

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council


Reclusion Perpetua
MissCMV wrote:pero alin ang mas advisable para sa employee? yung ireceive nya pero lagyan ng notation na "received under protest" or hindi nya tanggapin at kumuha yung company ng witness na refused to receive tapos ime-mail?

They're the same in effect. Matatanggap nya ang sulat at tapos na ang usapan.

Kung gusto nyang magreklamo, dalhin lang nya lahat ng ebidensya nya.

If he wins his case in DOLE/NLRC, it will be for nominal damages - usually up to 30K only.

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