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Illegal dismissal

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1 Illegal dismissal on Thu Nov 23, 2017 2:21 pm

Mhizhaj


Arresto Menor
Hello po, Nagwork po ako sa isang Call Center company for 4 years and 4 months and then they terminated me. They terminated me due to Call Avoidance. Nag request po si customer na i-transfer ko siya sa spanish agent dahil hindi na niya ako maintindihan, so I transferred it. I admit that I did the cold transfer, na assist naman ng maayos i customer however naging rude ako kay customer. First nakatanggap po ako ng First notice and after 5 days may result na ang sabi ng Team Leader ko at Site Manager wag na daw ako papasok ng Monday dahil terminated na ako at mag pa clearance na daw ako sa HR to get my back pay. Nakalagay sa termination letter Gross and Habitual Neglect of Duty. Wala po akong Admin Hearing at walang signature ng HR sa termination letter ko. Illegal dismissed po ba ako? Kapag nag file ba ako ng case sa NLRC laban sa kanila ay mananalo ako? Thank you very much po.

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2 Re: Illegal dismissal on Thu Nov 23, 2017 3:11 pm

mikos23


Reclusion Perpetua
It really looks like an illegal dismissal case but I just want to clarify the following:

After the first notice, did you submit a written explanation or you just received a termination notice on the 5th day without even submitting your explanation. also, what is the first notice about? how many times had you done this or this had happened during your term with the company?

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3 Re: Illegal dismissal on Thu Nov 23, 2017 3:20 pm

Mhizhaj


Arresto Menor
After the first notice, I submitted a written explanation. I submitted monday then I got terminated saturday morning. I admit that I was rude to the customer but it's not my fault if I transfer the customer to other department since he requested it. This is the first time happened.

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4 Re: Illegal dismissal on Thu Nov 23, 2017 3:22 pm

Mhizhaj


Arresto Menor
Sorry. I received a termination notice last thursday and then on monday I submitted my written explanation and the 5th day I was terminated without any Admin Hearing.

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5 Re: Illegal dismissal on Thu Nov 23, 2017 4:06 pm

Patok


Reclusion Perpetua
they did not follow due process.. file a case.

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6 Re: Illegal dismissal on Thu Nov 23, 2017 4:33 pm

lukekyle


Reclusion Perpetua
Yung admin hearing requirement ay na fullfill nila dahil ikaw ay binigyan ng pagkakataon na mag submit ng letter to answer the charges. Remember it is not required that merong formal na hearing. What the hearing pertains to is an opportunity to have the employee present his defense and offer evidence if any.

Normally i would tell you to question yung time allotted to answer. Kasi if 72 hours lang ang binigay sayo to answer dapat may follow up hearing to present additonal evidence. Pero if sa letter mo ay inamin mo na naging rude ka sa customer at IF yon ang ginawang basis sa termination mo then wala silang kakulangan.

Anyways you may question their procedure but para lang alam mo na hindi absolute yung "admin hearing"

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7 Re: Illegal dismissal on Thu Nov 23, 2017 4:39 pm

lukekyle


Reclusion Perpetua
eto yung actual supreme court ruling In Autobus Workers’ Union v. NLRC,26 we ruled:

The twin requirements of notice and hearing constitute the essential elements of due process. Due process of law simply means giving opportunity to be heard before judgment is rendered. In fact, there is no violation of due process even if no hearing was conducted, where the party was given a chance to explain his side of the controversy. What is frowned upon is the denial of the opportunity to be heard.

x x x x x x x x x

A formal trial-type hearing is not even essential to due process. It is enough that the parties are given a fair and reasonable opportunity to explain their respective sides of the controversy and to present supporting evidence on which a fair decision can be based. This type of hearing is not even mandatory in cases of complaints lodged before the Labor Arbiter.

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8 Re: Illegal dismissal on Thu Nov 23, 2017 5:19 pm

HrDude


Reclusion Perpetua
One of the incidents where a HEaring can be dispensed with is when the Employee confessed and/or admits of his wrongdoing when the latter was given the Opportunity to explain his side in writing.

In this case, due process was completely given to the employee.

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9 awol on Sun Nov 26, 2017 4:30 pm

angel11

avatar
Arresto Menor
hi po, pa advice naman kung pwede po na tanggalin sa trabaho ang isang empleyado na nag awol. or kailngan munang dumaan muna ito sa suspended.

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10 Re: Illegal dismissal on Mon Nov 27, 2017 9:14 am

mikos23


Reclusion Perpetua
angel11,

Ilang araw na awol ba yan?

awol na di na pumapasok hangang ngayon? awol na 1-3 days? 6 and more days? Tignan mo sa policy ninyo sa attendance, usually naka sulat iyan doon.

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11 Re: Illegal dismissal on Mon Nov 27, 2017 9:27 am

HrDude


Reclusion Perpetua
angel11 wrote:hi po, pa advice naman kung pwede po na tanggalin sa trabaho ang isang empleyado na nag awol. or kailngan munang dumaan muna ito sa suspended.


Pwedeng tanggalin ang taong nag-AWOL. Anong dadaan sa suspended? bka suspension?

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12 Re: Illegal dismissal on Thu Dec 07, 2017 2:51 pm

maxwell_24


Arresto Menor
Dito sa company namin na 4 awol within a clendar year may result to termination depende po yan sa policy ng compant nyo kay mag file ng leave..pero dapat may due process pa din dahil maaaring ma technical sa DOLE ang company di sumunod sa due process better check mo po muna yung policy ng company nyo.

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