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constructive dismissal

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1 constructive dismissal on Sun Apr 19, 2015 9:36 am

tiamat


Arresto Menor
Hi everyone i just want have a clear understanding of the term i tried reading about it online kaso di ko talag masyado maintindihan. Thanks. More power.

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2 Re: constructive dismissal on Sun Apr 19, 2015 9:07 pm

council


Reclusion Perpetua
tiamat wrote:Hi everyone i just want have a clear understanding of the term i tried reading about it online kaso di ko talag masyado maintindihan. Thanks. More power.

Let us know what you understand and we will try to explain it further.

No use in telling you directly what it is if it comes from the books also.

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3 Re: constructive dismissal on Tue Apr 21, 2015 8:59 am

tiamat


Arresto Menor
Hi thank you for replying and apologise if its too broad. This is the question.
can it can be considered constructive dismissal if the employee resigns due to. ;
* bonuses not payed to the employee wherein it was promised that it will be given.
*employee was promised a promotion, performed the new role given but no written doc to support it neither an adjustment of pay was made.
*employee after experiencing this files resignation seeking it to be immediate but was declined so the employee renders 30 day, while employee is rendering, various cases where filed against employee for past violations which can lead to dismissal.

Thank you for looking into this. Appreciate your help as my friend realy needs to get a legal advise. This employee now has medical issues which can be traced or related at was experienced.

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4 Re: constructive dismissal on Tue Apr 21, 2015 12:46 pm

council


Reclusion Perpetua
tiamat wrote:Hi thank you for replying and apologise if its too broad. This is the question.
can it can be considered constructive dismissal if the employee resigns due to. ;
* bonuses not payed to the employee wherein it was promised that it will be given.
*employee was promised a promotion, performed the new role given but no written doc to support it neither an adjustment of pay was made.
*employee after experiencing this files resignation seeking it to be immediate but was declined so the employee renders 30 day, while employee is rendering, various cases where filed against employee for past violations which can lead to dismissal.

Thank you for looking into this. Appreciate your help as my friend realy needs to get a legal advise. This employee now has medical issues which can be traced or related at was experienced.

I don't this any of these are considered as constructive dismissal.

The employee can file for non-payment of wages/benefits but it would need to be proven that the employee is entitled to it.

As to these past violations, they may still be filed against the employee as long as they are within reasonable time, or whenever management receives information about the said violations. It may take some time before violations are cited against the employee especially if the company was still reviewing the information before taking action.

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5 Re: constructive dismissal on Tue Apr 21, 2015 3:37 pm

tiamat


Arresto Menor
Thanks again for replying.
Just to clarify, unfair practices or actions above done by employer canmot be considered or create an environment to which the employee deems unreasonable thus contructive dismissal cannot be established. Would this be accurate? And if ever the employee decides to seek legal action is it not the employers burden to prove that above stated conditions are not made to force employee to severe the employee and employer relationship?

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6 Re: constructive dismissal on Tue Apr 21, 2015 7:53 pm

council


Reclusion Perpetua
Innocent until proven guilty, so the burden may be on the employee o show that he is being forced to resign.

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7 Re: constructive dismissal Today at 6:15 am

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