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Illegal dismissal

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1 Illegal dismissal on Mon Dec 19, 2016 6:36 pm

Agent123


Arresto Menor
Hi! I need some legal advice on this.
I worked as a call center agent in a company for a year and got terminated as i was tagged as Awol. 2 consecutive unauthorized absences should be tagged as awol daw. I advised our workforce and sent a message sa sick hotline everyday but invalid daw since hindi ako nagaadvise sa supervisor ko. But he was well aware of my situation that i was sick and may advised rest ng doctor since may communication siya with my bf whom was his agent as well. During my time in the company, that has been our set up. He would address us as one kung may info siya na kailangan irelay. Like he would send a message to either one of us adressing both of us. So we became so accustomed of that set up. He even acknowledgw the text message that my bf sent him.
We told him na may medcert kami but he didnt ask for it para sana iLOA ako since nakaadvised rest ako. And during that time, continuous and pagadvise ko sa workforce for propper tagging. Wala kaming communication ng supervisor ko during my rest and next thing I knew, inactive na ang status ko sa company. We asked our supervisor if may diciplinary actions na dapat itake pero all he said was "we'll talk when you come back" so akala namin walang prob. Before kami bumalik, nagsabi kami sakanya and he advised us to secure all our medcert pati ang fit to work which we did. My bf came back to work, we both got our  fit to work pero hindi ako nakapasok that day since may emergency. Binigay  niya lahat med certs namin. Since wala ako, sinabi ng boss ko sa bf ko na pag hindi ako pumasok that day is terminated na ko. He relayed that info only sa bf ko on that same day. As i sad earlier, since i was out from work i got no communication sa boss ko. I know its my responsibility to advise him. Pero he acknowledged din kasi yung advise namin sakanya before kaya we thought na okay lang since ngaadvise ako sa workforce everyday. Besides i havent receiced any info from him din given the fact na proactive namin na tinanong kung may sanctions kami. So by that, i got terminated. My bf got a scheduled hearing based sa pinagusapan nila. The next day, nov 6 we asked him if he can atleast give me the priviledge to resign and he replied na termination talaga ang decision since i missed the decision day. We asked how was the decision day got determined kasi i was not aware of it. Sabi ko i should have received RTWO so i would know such info and na may hearing din pala ako. My boss said na there was an RTWO that was sent to me. I was shocked since wala pa naman akong narereceive sa mailing address ko. I knew from the start na theres something wrong the way my boss treat me. And theres something fishy about the process.lets say na awol nga pero i felt cheated as hindi man lang ako nainform na may rtwo na pala. Had i known it, nakareply sana ako to defend myself. He only mentioned na my rtwo nung terminated na ko. I felt it was unfair as alam ng boss ko na i stay in an apartment at hindi sa residence house ko where the letter was sent. He could have atleast reminded me that theres such a letter to expect. When i came home, nov 17 i received all the letters. Turns out the rtwo was sent oct 27, follow up for rtwo on nov 4 and the termination decision on nov 8 pero all the 3 letter i received nov 17. I would agree na there was a due process since i was given a chance to explain thru the letters but they were not served properly. Should this be considered just? One more thing, the letters were signed by my manager who already resigned and was rendering service until the end of october. Rtwo dated oct 25 that my manager signed was acceptable but not the other 2 letters. Her resignation was effective oct. 28 how come theres a signature of her on the letters dated nov. 4 and 8?
Consulted my co workers about this since im a newbie in the industry and was advised to file a complaint sa NLRC. They said this could be an illegal dismissal and unfair labor practice. What do you advice? Thank you in advance.

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2 Re: Illegal dismissal on Mon Dec 19, 2016 7:04 pm

council

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Reclusion Perpetua
Agent123 wrote: I felt it was unfair as alam ng boss ko na i stay in an apartment at hindi sa residence house ko where the letter was sent. He could have atleast reminded me that theres such a letter to expect. When i came home, nov 17 i received all the letters. Turns out the rtwo was sent oct 27, follow up for rtwo on nov 4 and the termination decision on nov 8 pero all the 3 letter i received nov 17. I would agree na there was a due process since i was given a chance to explain thru the letters but they were not served properly. Should this be considered just?

Did you advise your HR department of your change of address to the apartment? If not then they were right in sending to your regular residence.

One more thing, the letters were signed by my manager who already resigned and was rendering service until the end of october. Rtwo dated oct 25 that my manager signed was acceptable but not the other 2 letters. Her resignation was effective oct. 28 how come theres a signature of her on the letters dated nov. 4 and 8?

So the letters were prepared in advance and would be sent if you did not report back.

Nothing wrong with that.


Consulted my co workers about this since im a newbie in the industry and was advised to file a complaint sa NLRC. They said this could be an illegal dismissal and unfair labor practice. What do you advice? Thank you in advance.

Can't be illegal dismissal since they followed due process.

Please do not listen to your co-workers unless they are very familiar with labor law.

Unfair Labor Practice exists only in unionized companies, and it (ULP) is the unfair practice done by labor (or employees), not management.

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3 Re: Illegal dismissal on Tue Dec 20, 2016 6:19 am

HrDude


Reclusion Perpetua
1. Under the law, Notices shall be mailed to the employees' last-known address. Since the RTWO was sent there, the requirement of the law was completed.
2. If the mails were received late, the Company is NO LONGER at fault. File a complaint against the Postal Office.
3. If your boss is already 'rendering', look at the date of the Notices. If within the same were signed before the effectivity date of your boss' resignation, then the same is legal.
4. Your co-workers have no idea what Illegal Dismissal and Unfair Labor Practice are. I assume that you don't have either but Council is right.
5. It is your right to file a complaint, but do you have a Cause of Action? NONE.

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4 Re: Illegal dismissal on Tue Dec 20, 2016 11:22 pm

Agent123


Arresto Menor
Oct 28 was my boss' effective date of resignation. The other 2 letter are dated Nov 4 nd Nov. 8

Is it okay that another supervisor who handles another team filed the IR and requested for the RTWO? That's whats indicated in the letter. Turns out it was not my immediate supervisor who did it.

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5 Re: Illegal dismissal on Wed Dec 21, 2016 1:30 am

lukekyle


Reclusion Perpetua
yes ok lang yun. its not relevant

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