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Notice of dismissal or termination no call no show

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Arresto Menor

I would like to seek legal advice for I was served a notice of dismissal or termination due to the following grounds:

1) Code of Conduct: Violation of the Companys Attendance Policy: No call No show
2) Art. 282 of the Labor Code
- Gross and habitual neglect of duties

I was served a Final Written Warning for the same concern back in September 23, 2016 and has a curing period of 180 days that will last until February 25, 2017.

On January 21st of 2017 I was tagged No Call No Show by my Manager even for the fact that I sent him a text message the day before my absence that I will not be able to report to work due to a family emergency.

On January 22nd, 2017 I was tagged for unscheduled absence wherein 2 hours before my shift start I sent a notification via text message to my manager stating that I will be late for i'm experiencing severe headache and rhinitis. Even after the medicines I took earlier that day did not give me a relief and opted instead not to go to work anymore middle of the day and immediately informed my manager that I wont make it anymore.

I am scheduled for an admin hearing on February 7th in which they gave a chance to air my side and to provide evidence on the said incident.

Hoping for some of your inputs in this situation the soonest.


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Reclusion Perpetua
well if you can prove that you sent those messages it would go a long way to defend your position.

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Reclusion Perpetua
Did you observe proper procedure - advising to the proper person with enough advance notice?

The concern there is that even if you say you sent a message, they can deny having received any notice.

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