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Constructive Dismissal

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1 Constructive Dismissal on Thu Aug 18, 2016 12:45 am


Arresto Menor
Hi Sirs,

Tanong ko lang po sana if may laban ba ako kasi I filed a complaint against my employer.

I am still under probationary period. Was hired as a Senior associate. I was told during the interview that I will be handling a team, since our company doesn't have a title other than Senior for Supervisory function, everything will remain as is. I was appointed to be a POC sometime in June 2016.

Sometime in July 2016, I had a meeting with my manager about building a measurable basis for the team's performance. I helped her building the scorecard from attributes to weight distribution. -- Around 2nd week of July, I had to undergo a series of medical examination to rule out malignancy which lasted about 2 weeks. --Complete papers were submitted including a fit to work clearance.

This is where it doesn't add up:
A. Given my position, I was gauged by the same metrics as what my "subordinates" have. She's saying I only have 2 hours of Admin tasks, on a single 1:1 with a subordinate could take about and hour to 2 hours depending on the discussion alone.

B. 1st week of August -- upon returning to work, I touched base with my people to know how they'd been doing in the strech of my absence as I also had a conversation with my manager to identify the attendance trend. I was shocked to know that my boss never talked or approched them about anything personal or job related. I had to do RCA to know the best personalized action plans for them. I had a conversation with 3 people. -- They all had the same stories:
1. When my boss talked to my subordinate about me toe stepping in to her counterpart and how she was reprimanded about it. -- This is more like an ego bruise than a professional mishap, I think.
2. My boss made a comment about me to the same person having an attitude issues as I was always fight for my subordinates.
3. My boss made another comment about me to the same person that I am being threatened by that person's promotion to replace me. -- Although, asking her if I will be reporting under that person is true, I asked that on a private conversation with her as I don't want to over rule any prior arrangements she had.
4. I was told by my subordinates that My Boss confirmed to the other guy about his promotion.

To test everything I heard, I filed an emergency leave the day she would "talk to me" and I got a message from her about me being demoted.

I spoke to her boss and her boss sided on her, which is kind of expected to a manager's manager.

They wanted me to be part of the headcount and function under my subordinate's supervision.

Here are my arguments;
1.  What could be my boss' motive on telling my subordinate about my shortcomings?
2. Should there be no ill intent on her part, why did she promote the guy she's confiding with without prior communication with me? Where's the chain of command?
3. They said (My Boss and her Manager) that the appointment for POC was based on overstaffing and only treated as an additional task; Looking back, I have issued Memos and Disciplinary Actions to my subordinates -- signing on behalf of the company as Immidiate Supervisor which was also confirmed by my boss' signature.
4. The move was "purely" based on numbers -- no disciplinary actions were issued to me nor was placed under performance imporvement program that would merit the demotion.
5. Her boss' decision was for me to be transfered to another department and it was immidiately retracted as they both agreed that I should function the same without supervisory tasks.

I have the email trails and a copy of the memo I served under Supervisory function.

Also, upon knowing the course of action my Boss' Manager would take, I sent him an email to say that the decision he made is something that would be counter productive. 0 confidence from a manager to her supervisor is a bitter pill to swallow. I told him I won't be reporting in for work until we can settle it.

My boss texted me about getting dismissed due to unapproved absences. Sinabi ko naman ng derecho sa boss niya pero di daw inapprove.

Kindly let me know if this case is worth the effort and hassle. I strongly believe that there are Demotion, Insensibility and Disdain.

Thank you!

Last edited by Rexky on Thu Aug 18, 2016 1:37 am; edited 1 time in total (Reason for editing : Grammar and aditional details.)

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2 Re: Constructive Dismissal on Thu Aug 18, 2016 5:34 am


Reclusion Perpetua
Rexky wrote:I told him I won't be reporting in for work until we can settle it.

Bad move on your part.

You can't settle anything if you're not around to do it.

And your action gives your boss leverage to fire you.

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3 Re: Constructive Dismissal on Thu Aug 18, 2016 11:38 am


Arresto Menor
I filed a complaint in NLRC the same day they her boss retracted his decision to transfer me to another department.

I was afraid that she's out to get me. I don't want to give her the luxury of finding loopholes to fire me.

The timeliness of my complaint and notice of absence is crucial as I will be placed in a very bad position the moment I stepped back in.

We don't have HR people in Manila. They are either based in SG or USA. No one can lead the discussion with fair and sound judgement except her Co-Managers and her boss.

I thought that if there's something we need to settle that hasn't been settled on the onset can be done during the concilation-mediation. That's the only venue appropriate to settle the issue.

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