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Is this a case of Constructive Dismissal?

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1 Is this a case of Constructive Dismissal? on Tue Sep 05, 2017 4:44 pm


Arresto Menor
I am a Project Director of a Real Estate Development company in Makati. I am a regular employee. I use to handle four projects which is common in this industry. When a new Construction Management Head (CMH) came in in August 2016, he brought in new people from the previous he came from. We had numerous meetings and in one of our one-on-one meetings the CMH have mentioned that he doesn't like removing people that is not part of his team. Two of the four projects being handled by me was then handled by the new Project Manager (PM) in the last quarter of 2016. Two on-going projects remained under my management. One of the projects I was handling was nearing its completion. The new CMH instructed me to concentrate on this project and the new PM handled the other. This makes the projects he is handling to three. I talked to the CMH on his decision but he refused my requests not to take the other project from me. Saying that it is his decision and it is final. Since then, the CMH has been hard on the team and to me. However, the project team were able to finish the project as expected in May 2017 and handled the hand-over until July 2017. After the hand-over, my team stayed on the project for the close-out report preparation. Last August 24, I was called to the office for a meeting by the CMH. The meeting attended by the CMH and the Hr Director was to inform me that I will be transferred to Davao. Prior to this, the CMH and I have no conversation about the new assignment. The new assignment to Davao will be a prolonged assignment (until the end of the Davao project) with provision only for a Christmas Holiday fly-home. Accommodation will be provided in Davao and a dislocation allowance of 12,000.00 without any salary adjustment. My working schedule will be changed from Mon-Fri 8:30-5:30 into a the Davao schedule of Mon-Thu 8:00am-6:00pm; Fri 8:00am-5:00pm and Sat 8:00am-12:00pm. I have a fleet card for 150 liter, since my vehicle is not included in the transfer, this benefit will no longer be enjoyed.
During our meeting last August 24 I presented my situation with regards to the new assignment. Incidentally, during my pre-employment interview I specifically mentioned that I can accept any Luzon project but not Visayas or Mindanao project. It was also mentioned and ticked marked on my interview form that I can only perform short trips to VisMin but not a prolonged assignments. At this note I was consequently hired.

The following are my situation why it will be difficult for myself to accept any VisMin assignment:

1. I am one of the National Directors of the Unida Evangelical Church of Christ. As a National Director, the Board meets every first Saturday of the month to discuss the programs of the National Church Organization.
2. I am also the Chairman of the Board of the Unida Biblical Seminary which also meets once a month in Silang, Cavite. Presently, we are at a stage of strengthening the school in synch to our national development goals.
3. As an Assistant Pastor of our local church (Matang-Tubig Unida Church in Tondo, Manila), I am handling the administrative affairs of our local congregation. I have a once a month (4th Sunday) pulpit assignment. I handle a Discipleship Class which is every Sunday. I also lead the Men’s Small Group (Care Group) that meets either on Saturday afternoon or Sunday Afternoon. To fulfill my ministerial duties to our Lord, I have to travel home at least twice a month and applying for leave of absence the Saturday Work schedule in Davao.
4. My daughter is presently studying in UP Manila and her classes finishes at 8:30PM. Due to this assignment, I will have to place my daughter in a dormitory or rent a condo unit because I will not be able to fetch her during the evening. Placing her on a dormitory or a condo unit will greatly affect the family finances.
5. We travel together in the morning in one vehicle. Dropping off my daughters to school and my wife to her office in Makati before I proceed to office. This goes the same going home. This way we were able to minimize our transportation cost and have a little more to spend for the family. With this assignment, the family will have to adjust on the additional expenses which should have been part of the family savings.
6. I had opportunities in my previous employments to travel abroad and stay abroad for brief periods due to work assignments but none of it required me to be separated from my family for a very long period. Although it is technologically possible to communicate with each other, our family values the physical presence that is why I have not worked as an OFW in the past although there were several opportunities before to work abroad with much financial benefits.

The new assignment will greatly affect our finances due to the incurr of additional expenses on travel home. The new assignment appears to be a move of the CMH to pressure me to resign. Is this a case of constructive dismissal?

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2 Re: Is this a case of Constructive Dismissal? on Tue Sep 05, 2017 5:08 pm


Reclusion Perpetua
No. This is not. Kelangan i-change nila yung conditions of work mo with the intention of making you resign. Hindi pa ito nangyayari. For constructive dismissal to take place kelangan nandyan na yung conditions.

So what are your options:
Refuse the transfer. Wait for them to terminate you then file a complaint for illegal dismissal.

What are your chances? Unfortunately not very good. Kasi may ni offer naman na dislocation allowance and accommodations. Malaki ang chance mo if you can prove this is not enough compare to your living standards now. Unfortunately the law does not take into account your extra curricular activities and yung family member's expense. Thus although its unfair, hindi magiging factor yung pag commute ng kids mo, their housing etc.

So what should you do? You can try the former. May chance din naman kahit slim, sometimes naaawa yung arbiter because of your personal situation. Or you can just resign but mas lalong walang makukuha ang beneft mo lang is wala kang record na terminated ka. 3rd option pero mas malabo, you can try to negotiate a severance package. minsan rather than go thru yung complaint some employers will just provide some monetary compensation

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3 Re: Is this a case of Constructive Dismissal? on Mon Sep 11, 2017 4:13 pm


Arresto Menor
Thanks for the opinion

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