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Damage Claims

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1 Damage Claims on Mon May 04, 2015 11:54 am

kapiranggot


Arresto Menor
Currently, I am on the second hearing of my case with NLRC - this is after the first and SEnA. I am wondering if it's possible to do some moral/exemplary damages at this stage - considering that the company has been in a way subtle admit that they've committed a mistake?

Yung case ko kasi is mix of diminution of benefits and constructive dismissal. Ang comment kasi ng isang lawyer na nakausap ko, kung mag-aagree kami to a compromise before each party would submit a position paper, baka hindi i-recognize ng LA yung moral/exemplary, etc damages. Sabi naman ng isa, I can have monetary claims all-in na para matapos na rin ang case even if nasa mediation stage palang. Bahala na si company if they would agree to that one or hindi.

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2 Re: Damage Claims on Mon May 04, 2015 12:35 pm

council


Reclusion Perpetua
kapiranggot wrote:Currently, I am on the second hearing of my case with NLRC - this is after the first and SEnA. I am wondering if it's possible to do some moral/exemplary damages at this stage - considering that the company has been in a way subtle admit that they've committed a mistake?

Yung case ko kasi is mix of diminution of benefits and constructive dismissal. Ang comment kasi ng isang lawyer na nakausap ko, kung mag-aagree kami to a compromise before each party would submit a position paper, baka hindi i-recognize ng LA yung moral/exemplary, etc damages. Sabi naman ng isa, I can have monetary claims all-in na para matapos na rin ang case even if nasa mediation stage palang. Bahala na si company if they would agree to that one or hindi.

From my experience, you might not be able to claim for moral/exemplary damages before the position paper is filed.

OTOH, it's correct that you could negotiate for an "all-in" amount and see if the company is willing to accept your "demands."

Without learning of the whole story, I would say you could probably receive only nominal damages at this time.


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3 Re: Damage Claims on Mon May 04, 2015 1:41 pm

kapiranggot


Arresto Menor
Thanks for the feedback! So this is the gist of what happened:

Constructive dismissal was instituted when I was working outside the country and the company changed its policy on allowances. The allowance was already provided prior leaving the country and consists of X number of allowable expenses. Few weeks later and while working outside, the company insisted on applying the new policy on me which effectively reduces the number of allowable expenses - contrary to what was originally agreed upon.

So I came to challenge the policy since when I sought help from HR and lawyer friends, bawal ang ginawa ng office. When I came to challenge the policy through written letters, the company refused to answer them back. All I got after the questioning are not limited to the following:

1. Threats and intimidation
2. Refusal to Discharge company mandated-benefit (Sick leave)
3. Non-approval of trainings even if stipulated in the company-employee agreement
4. Personal insult of supervisor to my family
5. Deliberate misrepresentation to the company
6. Diminution of benefit (company policy that ripened into a benefit - as supported also by PAO's feedback)

And since the person who would do my final performance review is the one I subject for questioning, I cannot find any sense of objectivity to the results so there's no way but to get out of the company.

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4 Re: Damage Claims Today at 10:09 pm

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