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Constructive Dismissal

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1 Constructive Dismissal on Fri Sep 29, 2017 8:40 pm


Arresto Menor

I hope someone can help me and give me advice asap.

I'll try give you a brief summary of my complicated case..

I was constructively dismissed from my work..  Prior to that, I was part of a group that was unintentionally aligned with a specific manager. Bureaucracy and personal interest within the organization erupted to a power struggle between filipino managers and we ended up as collateral damage. Some of us got (illegally) terminated, while I was (illegally suspended) just because we raised our grievance regarding an unfulfilled performance bonus. I was later on compelled to leave due to emotional/psychological strain, diminution of pay/benefits and genuine fear for my safety.

I have already file my case with NLRC and unfortunately all of the rulings was against me due to the fact that everything was aligned with the required procedural due process except the very nature of the allegations against me which actually lacked factual basis for my suspension and since my Constructive Dismissal claim allegedly lacked merit despite the fact that I was definitely compelled to leave due to emotional/psychological strain, diminution of pay/benefits and genuine fear for my safety.

Anyway, during the previous proceedings, our group had a private lawyer. I created all the Position Papers and arguments with help of our lawyer. Unfortunately, I have been unemployed for 1 1/2 year now due to the stigma of my case (yes, the respondent company is that persistent and influential) meaning my funds have already run out. I can no longer afford my lawyer, though he was still kind enough to assist me until after I filed my motion for appeal with NLRC.

My problem now is that I have to file a motion for reconsideration for the decision which as expect was again not in favor to me. I was once told that I can self represent myself with the labor arbiter, but I am not sure if I can do it to file a motion for reconsideration.

The reason I am asking is that I am short in time (8 days left) to find another pro bono lawyer that will be willing to support me in such short notice. I tried PAO in my area, but apparently they have jurisdiction issues and are even reluctant to accept my case at this late in the process (probably due to the sheer volume of their cases as well).

I hope somebody could give me an advise asap.

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