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constructive dismissal

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1 constructive dismissal on Thu Sep 08, 2016 12:13 pm

I'm hoping you can help me with my concern. I've been recently promoted as a supervisor last January 27, 2015 and handled a team. I've been connected with the company since May 18, 215 and just got the post last January. On my contract,it was indicated that i should be receiving a 3rd and 5th month evaluation but up to now,I did not receive any evaluation or confirmation. Based on the latest supervisor rankings, I ranked 3 out of 15 teams. I never had any attendance issues or behavior issues ever since I started working as a company. Recently this last week of August, they announced that there will be 2 team leaders/supervisors that will no longer handling a team and will be re assigned as a compliance officer. the role is lower than a supervisor and the allowance of 6 thousand will be removed as well since we are no longer handling a team. I felt that it was unreasonable for them to demote me to a lower position since I'm one of the top performing supervisors in the company.They even did explain to me the specific reason why I was one of the supervisor's that will be demoted. There were 2 of us. I decided to apply to another company and I even explained to our AVP that I had to look for another job coz im supporting my family and I cant afford a lower pay. Last August 31, 2016, my attention was called by our HR manager because our AVP had file a complaint to HR because she  heared rumors that on my last day of work, I will be sending an email to our client about negative things, more on a poison letter something. It was also indicated on the IR/NTE that I asked other supervisors in the company to send an email as a group to the client. Not sure what type of email. Which is totally not true and has no basis. I even informed our AVP that I will be looking for another job and I have to go on a graceful exit and i was very thankful for the experience. After i was called by HR. they had me go on a preventive suspension from August 31, to September 14,2016. They asked for all my log in information including the password for my PC. According to them, they will investigate and check all my email access and recording to prove if I really have that plan of sending an email to the client. After they got all my username and PW's they escorted me outside of the office and my access as well was deactivated so I would not be able to enter the production floor during the investigation. I felt demoralized due to the fact that somebody had to escort me outside of the office like a criminal. A day after that, the AVP had a meeting with my team. One of my team members asked what happened to me. She answered" you will never see your supervisor in this company ever".I felt that this is a form of demolition job to harass me and make me resign. definitely a form of constructive dismissal. They said that they will check all my email conversation but I'm 100% confident that there was no such thing as plans of sending an email to the client.I even talked to my operations manager to get some advise but he suggested for an immediate resignation to clear my name which I did not do. I submitted my written explanation on September 5 and I really wanted t wait for the result coz I want clear my name. But it seems that our AVP is harrasing me with all these allegations. After she demoted me and lowered my pay and removed my team.She created this just to harras me and make me resign from the company. She didn not even raised my pay after my 69th month of being a supervisor and did not even mention about the appraisal. I still have the contract with me, I dont even have lates or absences so they should not have any reason to do that. I felt emotionally disturbed after they put me on suspension. I cant even sleep or eat thinking why this happened to me even if I displayed excellent performance as a supervisor. I still even have the cerificate for all my awards and infact I was brought to MANILA last april for training being the Top supervisor. Im worried that they will terminate mewithout any legal basis.

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2 Re: constructive dismissal on Thu Sep 08, 2016 1:01 pm

HrDude


Reclusion Perpetua
1. You were NOT demoted as you were not confirmed to that position. ANd since you were not confirmed, they can withdraw the position anytime.
2. Of course, the benefits AND functions that come with the position can be withdrawn if the position you were holding was also withdrawn.
3. It is not automatic that you be given a raise for your tenure with the company and this is not a demandable right of yours.
4. Based on your story, this is definitely NOT Constructive Dismissal. You are only speculating of harassment. Without clear and convincing proof of the same, such will remain as such... speculation.
5. If under preventive suspension, you have all the right to defend yourself. Also, the company has the right to protect itself. I suggest you focus on that if you are really fault free.
6. If, however, there is no clear and convincing evidence to pin you down on the allegation against you and completely fault free, you are bound to be paid for the days for which you were suspended.
7. DO NOT resign, that may be construed as guilt. Finish your case and resign if you want.
8. Assuming that your story is true and that your preventive suspension is without basis/es, then you have nothing to worry about, right? Same is applicable to your company, without clear and convincing evidence against you, their allegation will remain an allegation only.
9.Prove malice on your boss' part and you can file a complaint with the DOLE.



Last edited by HrDude on Mon Sep 12, 2016 4:53 pm; edited 1 time in total

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3 Re: constructive dismissal on Thu Sep 08, 2016 1:10 pm

my contract as a supervsior-intern started on January 25, 2016 and it clearly states that after 6 months i will be confirmed as a supervisor.Based on peformance, im one of the top supervisors. then why do they have to remove my team?nad if my contract started on january 25? I should be receiving an evaluation right?up until now, i haven't received anything

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4 Re: constructive dismissal on Thu Sep 08, 2016 1:56 pm

HrDude


Reclusion Perpetua
Of course, your confirmation is conditional. Even if the word 'conditional' is not actually written in the contract. Clearly, in order to be confirmed to the post, you have to meet certain conditions and of course with the approval of your boss. It is NOT AUTOMATIC that if you remain unconfirmed after the 6-month period, you will be a supervisor without question. It is presumed that when you were not confirmed within the 6-mo period, the period was extended. As long as there is no confirmation, you have no vested right to the position. You cannot also force Management to do an evaluation within the 6-mo period.

When your team was removed, of course, this is a consequence of the withdrawal of the position from you as you are non-confirmed. Again, when the position was withdrawn from you, all functions that come with it are also withdrawn. Clearly, when withdrawn, you have no more duty to hold a team.

Yes, you should be receiving an evaluation pertaining to your non-confirmation to justify the company's withdrawal of the position.



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5 Re: constructive dismissal on Mon Sep 12, 2016 11:05 am

Constructive dismissal refers to an involuntary resignation resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to an employee or an unwarranted transfer or demotion of a employee, or other unjustified action prejudicial to the employee. The employer has to prove that such managerial actions do not constitute constructive dismissal. hen an employer makes life extremely difficult for an employee.When employer to attempt to have the employee resign, rather than outright firing the employee, the employer is trying to effect a constructive discharge.

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6 Re: constructive dismissal on Mon Sep 12, 2016 4:53 pm

HrDude


Reclusion Perpetua
And your point is?

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7 Re: constructive dismissal on Tue Sep 13, 2016 8:38 am

river03


Arresto Mayor
HrDude wrote:Of course, your confirmation is conditional. Even if the word 'conditional' is not actually written in the contract. Clearly, in order to be confirmed to the post, you have to meet certain conditions and of course with the approval of your boss. It is NOT AUTOMATIC that if you remain unconfirmed after the 6-month period, you will be a supervisor without question. It is presumed that when you were not confirmed within the 6-mo period, the period was extended. As long as there is no confirmation, you have no vested right to the position. You cannot also force Management to do an evaluation within the 6-mo period.

When your team was removed, of course, this is a consequence of the withdrawal of the position from you as you are non-confirmed. Again, when the position was withdrawn from you, all functions that come with it are also withdrawn. Clearly, when withdrawn, you have no more duty to hold a team.

Yes, you should be receiving an evaluation pertaining to your non-confirmation to justify the company's withdrawal of the position.




Thanks HRDude for a very detailed explanation.

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8 Re: constructive dismissal Today at 11:03 am

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