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Is this constructive dismissal?

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1 Is this constructive dismissal? on Thu Jun 04, 2015 12:30 pm

kipoy218


Arresto Menor
Hello.

I work as an Internal Auditor for a property management company for ten years now. A pilferage case happened in the last few months that resulted to some employee stealing almost 36k and all the blame went to me because I failed too see it at an earlier time.

Now I discovered that the company already hired someone to replace me but I have yet to receive any memo to let me explain my side or was I put in any process. Worst they hide the fact that they already hired someone and I only found out because I chance upon him at one of our site and he said he is the new internal auditor.

Thanks in advance for any reply.

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2 Re: Is this constructive dismissal? on Thu Jun 04, 2015 12:43 pm

council


Reclusion Perpetua
kipoy218 wrote:Hello.

I work as an Internal Auditor for a property management company for ten years now. A pilferage case happened in the last few months that resulted to some employee stealing almost 36k and all the blame went to me because I failed too see it at an earlier time.

Now I discovered that the company already hired someone to replace me but I have yet to receive any memo to let me explain my side or was I put in any process. Worst they hide the fact that they already hired someone and I only found out because I chance upon him at one of our site and he said he is the new internal auditor.

Thanks in advance for any reply.

No.

Constructive dismissal may be defined as "the changing of an employee's job or working conditions with the aim of forcing their resignation."

So far your job or working conditions have not changed.

You're still working as an auditor, and none of the work has been removed from you.

Maybe they just hired another auditor to help you out in the workload.

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3 Re: Is this constructive dismissal? on Thu Jun 04, 2015 12:55 pm

kipoy218


Arresto Menor
So not yet. And also I doubt they hired someone to help with the workload since I am the department head in an executive position. If they hired another auditor to as an addition to the staff and not as my replacement then they should not have to hide it from me.

Though I heard they plan to demote me to accounting staff once I finish gathering the evidences against those staff that stole from our collection.

If they demote me and transfer me does that constitute constructive dismissal.

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4 Re: Is this constructive dismissal? on Thu Jun 04, 2015 1:12 pm

LandOwner12


Reclusion Perpetua
Constructive Dismissal and Involuntary Resignation
Constructive dismissal is an involuntary resignation resulting in cessation of work resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to an employee.
In Globe Telecom, Inc. v. Florendo-Flores, it was held that where an employee ceases to work due to a demotion of rank or a diminution of pay, an unreasonable situation arises which creates an adverse working environment rendering it impossible for such employee to continue working for her employer. Hence, her severance from the company was not of her own making and therefore amounted to an illegal termination of employment. (Cited in Francisco vs. NLRC, G.R. No. 170087, August 21, 2006.)

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5 Re: Is this constructive dismissal? on Thu Jun 04, 2015 1:25 pm

LandOwner12


Reclusion Perpetua
Cases
Diminution of pay. A diminution of pay is prejudicial to the employee and amounts to constructive dismissal. (Francisco vs. NLRC)

Transfer of employee not amounting to constructive dismissal. Transfer of an employee from one area of operation to another is a management prerogative and is not constitutive of constructive dismissal, when the transfer is based on sound business judgment, unattended by a demotion in rank or a diminution of pay or bad faith. (Tan vs. NLRC, G.R. No. 128290, November 24, 1998.)

Transfer of employee amounting to constructive dismissal. A transfer amounts to constructive dismissal when the transfer is unreasonable, unlikely, inconvenient, impossible, or prejudicial to the employee. (Phil. Industrial Security Agency Corp. vs. Aguinaldo, G.R. No. 149974, June 15, 2005.)

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6 Re: Is this constructive dismissal? on Fri Jun 05, 2015 6:51 pm

kipoy218


Arresto Menor
Thanks for the info.

Ill update this as soon as something happens.

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