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Labor Case Admin Case

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1 Labor Case Admin Case on Wed Mar 22, 2017 2:15 pm


Arresto Menor
Dear everyone,

I am currently faced with Administrative case by my employer. Conflict of interest, ultravires act, insubordination and grave abuse of authority. I am the OM of a dealership and i have entered into an agreement with bank without the knowledge of my employer. In that agreement is an incentive for me and for my agents. However before they discovered the hard copy of the agrrement, my lady employer had inquired it 3 months before and  told her about the incentive we will be receiving .
Since she really hates me as confirmed by my male boss (her husband) she use this to charge me conflict of interest and ultra vires act since they say i am not authorize to sign financing agreement. Currently we have no written policies on process and disciplinary actions. And in terms of my scope and limitation are not also spelled out. No job description was given. After 5 days of submitting my reply on their NTE, their representative instructed me to file a resignation or they file a termination. They are offering me a graceful exit, which i did not accept because i want to protect my right of security of tenure. Since  I did not give in to their instruction, the following day they put me to preventive suspension for 5 days and retrieve all company properties like service vehicle and laptop.My position is that there is no due process yet. I am requesting them to observe due process. Besides, their decision is very subjective and with malice and their purpose is really to terminate me.

By the way,they also charge me grave abuse of authority because according to them I forced my Sales executives to share commissions on my own sales.

I hope you can guide me on what other points may i use to defend myself.


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2 Re: Labor Case Admin Case on Fri Mar 24, 2017 8:04 pm


Reclusion Perpetua
As long as there is a notice served to you that you are placed under preventive suspension from what you did, the same is legal. The action of taking all the items which are given to your because of your position is also legal. They issued you and NTE. Considering your position, they can place you under preventive suspension.

Preventive suspension is not a sanction. It is a preventive measure given by the Labor Code to protect the company.

1. What due process are you talking about? What decision (which you consider subjective) are you talking about? Is there a decision already?
2. You are claiming 'malice', prove it.
3. Are you saying that since you don't have written policy, your act is legal? If so, you are wrong. There is the Labor Code and the Civil Code to cover your act/s.

In my opinion, it is you who have acted with 'malice'. Good Luck.

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