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Terminated - Hearing to DOLE

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1 Terminated - Hearing to DOLE on Thu Aug 11, 2016 6:14 pm

Thirdie


Arresto Menor
I have been 2 years and 3 months. On that span of months I have no problem.
It started when I escalated someone (a guard ).
Scenario: before you can enter the operation floor there is a guard standing on the door and scan you with the metal detector. Apparently when she scanned me she accidentally hit my private part, and I immediately reacted. and so when I entered the operation room she said something behind my back. Unluckily i did not heard her but my officemate heard her. Basically my officemate told me what she is saying behind my back . So immediately I confronted her and asked her name. However she didn’t apologize so I escalated her on a proper way. So I emailed the Guard supervisor then after a day I received an email from the guard department that they have already reprimanded her.
After 4 days the Notice to Explain started
I have been issued a noticed to explain 3x.

offense 1. I have accused not following the Rules of the company because I brought an Eyedrops on the floor for my eye problems which was advise form Doctor to use it every 6x a day with 3 hours interval. I justified my reason from the guard which he felt that he was insulted

3 days after
offense 2. We are group of people went to the pantry, making jokes and we make fun on the tarpaulin on the pantry. but the guard accused me by saying " susunugin ko yung tarpaulin ". Well infact I said on the picture from the tarpaulin kulang sya sa blush on , make up “.
So He filed it to HR accusing me that I said susunugin ko yung tarpaulin.

offense 3.. my supervisor raised an IR which i did not signed it and the supervisor advised the HR and the HR raised an Notice to Explain - reason for that she felt that I shouted at her. Well in fact the I was just explaining to her. I did not shout at her malakas lang boses ko kasi malayu sya. I sat down after and taking to my friends she thought that I am murming.
We had a HR admin Hearing.
I have defended myself. I told the HR that there are no arguments happened. I didn’t know why they are escalating the issue. The HR insisting that there are arguments because you have been complained by the guards and the supervisor – I told them them do they have proof or evidence that I said something wrong? However the HR replied that eventhough that there are no Cam or voice recording still they will be the once deciding if you gonna retain or not. I always said that I have people who can testify. The HR said (Raising her voice) Testify Testify, you are here not them. HR said that its ok the supervisor shouted at you because she is your boss.
After a week I received the feedback – Terminated. without no evidence and proof.

I am now terminated from my work last Monday. And Wednesday I filed a case from the NLRC National Labor Relation Commission. And we had a hearing 2 days ago, regarding to my case. I narrated the issue. Arbiter and the Atty. for the company is present at that time. I told them the story:
The arbiter and legal council representative from the company. Laughed on the accusation that they raised against me, that leads to termination. According . To the lawyer I don’t know why they filed I that, you did not do harm on the accounts and the company. Legal council will decide if the employee will be terminated or not not the HR. I will investigate this. Give me a week.

According to the legal council representative, they will be the one decided wether you retain or terminated not the HR. She will conduct an investigation. She ask me if I was told to bring a witness to the HR hearing before. Well I replied NO. Well infact I always said that to HR admin hearing before that I have people who can testify, But HR replied " testify, testify you are here not them"

So I was asked what do you want? what is the reason for complain? I told them it’s illegal dismissal. So I was asked what do you want? would like to go back to work? or Give you the back pay not going to work? I did not answer that. I told them I have to think it first.

My question on my second hearing

1.) Is it ok to ask for moral damage?

2.) Is it not too late ask for moral damages? It was a traumatic experience. I have been crying for that because I got terminated.

3.) Will I also demand to reprimand them the involved person like HR, Guard and Supervisor?

4.) where can I find a free lawyer to help me?

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2 Re: Terminated - Hearing to DOLE on Fri Aug 12, 2016 11:45 am

HrDude


Reclusion Perpetua
1. NO, unless you can prove malice and/or bad faith.
2. Yes, if you can prove malice. NO, if not.
- All terminations are somewhat 'traumatic' for the employee but not a ground for moral damages unless there is Malice/bad faith.
3. Reprimand? You have no reason to do that.
4. PAO Office, but you have to be considered an 'indigent client' first.


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3 Re: Terminated - Hearing to DOLE on Fri Aug 12, 2016 12:03 pm

Thirdie


Arresto Menor
may i know the reason why they may not be reprimanded if the process termination towards me was not correct.

No coaching/ verbal warning
No written warning

Then they dont have evidence that i said something that could ruin the company. All of may cases not really affecting the company.

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4 Re: Terminated - Hearing to DOLE on Fri Aug 12, 2016 12:10 pm

HrDude


Reclusion Perpetua
Thirdie wrote:may i know the reason why they may not be reprimanded if the process termination towards me was not correct.

No coaching/ verbal warning
No written warning

Then they dont have evidence that i said something that could ruin  the company. All of may cases not really affecting the company.

Let the company be ruined. That's not your problem anyways.

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