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Illegal dismissal

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1 Illegal dismissal on Fri Jun 03, 2016 4:46 am


Arresto Menor
Hi. Good day to you future lawyers. I'm Elena from Davao City. I would like to seek advise since it seems that it is unjust for me to be suspended/terminated from work due to my sickness.

May 24, 2016 - It was my PTO or Paid time-off and I had Conjunctivitis (sore eyes), in which I believe is contagious/airborne.

May 25, 2016 - I was supposed to report to work on this day, which I did, but the nurse sent me home and I was advised to have my check-up and inform the HR/workforce in the form of "call-in" (term we use if there's an emergency absence, works by either SMS, email or call then gets a confirmation number in return as a proof of validity. It should be done at least 2hours prior to the absence/late). I understood that I needed to provide a medical certificate within 24 hours, that's why I rushed to the nearest public hospital to have my check-up. I already paid the bill but it turns out that it's beyond the cut-off period, so the nurse advised me to go back the next day.

May 26-27, 2016 - I continued the call-in process and went back to the hospital again and again but unfortunately there's no progress. Reasons such as doctors arrive late and go home early, too many patients, etc. seems overrated, that's why I was forced to consult a private doctor and paid a larger fee.

May 28, 2016 - It was my day off and it was my schedule for the consultation. The doctor advised me to rest for 3 more days since I still have an infection.

May 30, 2016 - I was eager to go to work because I'm afraid I would not get paid during my absences, so I reported that day. The nurse advised me to go home since I still have an infection based on the doctor's findings. I was advised to give them a copy of my med cert and provide the HR another set of copies. I included a copy for myself for reference. Attached to the med cert is the receipt from the public hospital in line with the reason as to why I was not able to provide the document on time.

June 1-2, 2016 - I reported to work, confident that I have provided the necessary documents for my absence and believed that it would be considered by the management.

June 3, 2016 - I was called by the HR officer and was informed that I will be laid off to the account due to my absences. In line with this, the account is suddenly downsizing, and since I have the most absences among others, I was the first one to be included in the downsize. I was informed that I will be transferred to another account, however, the management will still look for openings. I'm under the impression, that the days that I will be waiting for an opening are not paid. I was advised to submit a letter of explanation about the incident and I was given copies of Incident Reports.

For me, it's not fair enough. I would definitely go to work even though I'm sick but I don't have much choice because my illness is contagious. In addition, I have provided the necessary documents and followed the "call-in" procedure. Please help me out.

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