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Illegal Dismissal

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1 Illegal Dismissal on Tue Mar 29, 2011 5:39 pm


Arresto Menor

I was working for a company for 1 year and 8 months. I was hired to be a pioneer Team Leader of the said company. Sometime in May of 2010 i received a notice of preventive suspension for "Sexual Harassment" and for misconduct. From there i was suspended for 3 weeks without pay and appeared for an administrative hearing.

A few days after the hearing i was advised to meet with the HR supervisor and was given a termination notice for "misconduct" since the sexual harassment case is being heard by the courts.

It was in this meeting that i was offered to "resign" so i can be given a graceful exit by this company.

It has been 10 months since resigning but i have thought of bringing this up to NLRC since 1. I was never given a notice to explain just a suspension letter. 2. I was forced to resign given the situation its either i get terminated or resign on the spot.

Few questions:

1. Do i have a case if i bring it up to NLRC?
2. Would it be an issue for bringing it up so late to NLRC?

Thanks and more power to the site!

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2 Re: Illegal Dismissal on Tue Mar 29, 2011 8:32 pm


i would have argued that you didn't, but I once lost in a similar case defending the employer. the case is still pending in the supreme court.

you definitely have the right to question your termination on the basis of constructive dismissal. whether you will prosper depends

the employer will have to show that there was a rightful basis to terminate you in the first place.

i argued that the length of time should be taken against the employee, but the CA said i was wrong.

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