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Constructive Dismissal

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1 Constructive Dismissal on Thu Jun 23, 2016 11:13 pm


Arresto Menor
Good evening po sa lahat. Ako po ay isang System Administrator at mag 11 years na sa aking pinagtratrabahuan this coming August.

My problem started last year when my boss tried to give me additional temporary assignment as Warehouse Incharge. I tried to clarify through the following memo as stated:

"In regards to your memo temporary Additional Job Assignment, please read below my arguments for clarification:

      Your memo indicated temporary but not specified for how long. Knowing the fact that you mention in our meeting that you do not intend to hire anybody, this temporary seems to be permanent.

Giving me the assignment including that of a Warehouse Helper seems to me a demotion, even though we still have an official Warehouse Helper.

This seems to be a constructive dismissal for my part:

a. You still insist of giving me this assignment knowing for the fact that I do not want it even the very beginning of my employment. I already resigned for the same reason, and you persuaded me to come back giving me your word that this will not happen again.

b. You even mention it several times in our meeting to inform you if we find the task you assign us is beyond our limits. You know since the very beginning that this is my limit and even after our verbal confrontation.

c. I feel that this is your way of getting rid of me giving the statement that I have to resign if I don’t accept it.

d. I also feel that even if I forcedly accept this position, you will still find a way to get rid of me. Especially I know that I can’t manage the additional job assignment.

We both know that this stains our professional relationship. One way or another we have to resolve or end this professionally, legally, and fair.  You probably find me not loyal to you anymore, but one thing for sure, I am still loyal to the company.

For more than ten years of my employment in this company, I perform task beyond my duties without questions. But as human, I have my limit and this is it. I may be wrong, but I believe I have the right to for the legal clarifications and assurance of my arguments prior to accepting the additional job assignment."

My Boss did not push through with the additional job assignment. We again hired another person, but this person also just resigned recently.

Two weeks ago I was given again an additional temporary job assignment every MONDAY, WEDNESDAY, FRIDAY, located in our main office about 35 kms from our factory where I am originally assigned and work for 10 years. I accepted it because as stated temporary and was in good faith that i could help resolve problem. Part of the assignment is canvassing/purchasing.  

The following week I received memo that they have problem with our system when I am absent and I have to teach another person in the office to resolve problem. My problem now is
I am not a good teacher especially for people with a different educational/profession than I have. He refers to absent as when I am in the main office. I thought of perhaps I should stay in the factory which is my original assignment and I am actually liable of.

I also received a memo requiring me to submit a Daily Output Report. I have no problem with the reports but with the story behind it. It seems to be a regular trend that the request serve as a punishment or even way of getting rid of people. I responded my Boss thru a memo about it, and he just seems to ignore it.

I don't want to resign not only because it will forfeit my separation fees but also because I believe I am right.

Thank you in advance for sharing your thoughts and views about this.

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2 Re: Constructive Dismissal on Fri Jun 24, 2016 12:17 am


Reclusion Perpetua
I believe this is NOT a situation where Constructive Dismissal may be applied. It becomes Constructive Dismissal when continued employment becomes impossible, unbearable, unreasonable or unlikely. Your situation only causes inconvenience. Inconvenience on your part would not warrant application of 'Constructive Dismissal'.

If you feel some inconvenience by the acts of your superior, you can always resign. If not, you have to suck it up.

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3 Re: Constructive Dismissal on Fri Jun 24, 2016 1:45 pm


Arresto Menor
Salamat HrDude sa pagtugon. Medyo confused po ako sa exact meaning ng “unbearable, unreasonable or unlikely”. Can such inconvenience become unbearable? Physically po ba or can it be emotionally? Paano po sir/ma’am if such inconvenience were brought intentionally to force an employee to resign.

About 60 direct employees po kami at around 200 agency hired. Wala po kaming HR na gumagabay. Hindi lang po minsan nangyari na sa tingin ko incoveninces were brought to employees to force them to resign. Halimbawa po, office secretary namin biglang inasign sa production. How far can we as employees accept assignment (additionally/changes) not originally related to our job description? Although wala po changes sa sweldo at benefits but as you mentioned the inconvenience from aircon office to hot production area plus the emotional stress na feeling mo nademote ka. Of course the boss will not admit that the reason is actually because of personal conflict.

Maaring mali po ako, pero sa tingin ko our company is loosing valuable employees because of our boss. Minsan sa meeting namin my boss asked why we have such a high turnover of personnel, I honestly told him my opinion na may be because of him. Ayon, kala ko magbabago siya. Nagbago nga, pinag-initan na ako.

This year we lost 3 employees, with at least 4 years na sa amin. Hire na naman kami, kaso wala na atang gusto mag-aply na mga locals kasi parang alam na nila istorya.

Kaya naman tiisin yong inconvenience, pero may limit din po ba iyon? Salamat po!

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