Scenario: I already file a case to NLRC..We weren't able to settle in SENA and in the ELA office..Since it wasn't settle, the Labor Arbiter ask us to simultaneously pass a position paper..According to the representative of the respondent I was terminated and they insist they would not pay me a separation pay because they follow the procedure according to Labor Code..I was given verbal warning, then written warning then 1 day suspension then admin hearing and lastly immediate termination.
Question: 1.) I wasn't able to pass the productive percentage score, is it already ground for termination? It is in their Company Code of Conduct but not in the labor code..
2.) they follow the procedure but I wasn't given 30 days notice prior to termination..Are they doing the right thing or I was illegally dismissed?
3.) Since it is on their Company Code of Conduct and according to them they follow the procedure that why I am not entitled to a separation pay or any payment..Are they correct?
4.) After filing a position paper what would be the next step?
5.) Do I have a probable percentage to win these case?