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ILLEGAL DISMISSAL CASE

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1 ILLEGAL DISMISSAL CASE on Fri Apr 15, 2011 4:44 am

xtian


Arresto Menor
Good day!
I need legal advise please. I had filed a legal case for illegal dismissal with my previous employer. I have gathered 10 witnesses and they're all my former co-workers who is currently and presently working in the same company that i was before to support the facts against my case. However, when the company received the documents that I submitted to the Department of Labor and Employment they saw that my witnesses is still active with the company, and the next thing the company did was called their attention and told each and everyone that if the case is over, they will all lose their jobs.. I was thinking that it's a big threat for my case and also for my former co-workers.

I would like to ask if its possible to terminate all witnesses that I have against the company? Since they were all active with the company. I didnt ask for their signatures, they volunteered, just to clarify all of their wrong accusations.

I would really appreciate for your reply.

Thank you very much

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2 Re: ILLEGAL DISMISSAL CASE on Fri Apr 15, 2011 5:02 pm

TiagoMontiero


Prision Correccional
>If your co-employee will be terminated just because they testify in your favor, that will be illegal dismissal, aside from that, your employer will be committing UNFAIR LABOR PRACTICE which is also Criminal in Nature.

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3 Re: ILLEGAL DISMISSAL CASE on Sat Apr 16, 2011 8:31 am

attyLLL


moderator
just to clarify, the term 'unfair labor practice' is a precise legal term which applies to a situation where there is a union.

i'm sure your co-employees knew that some form of retaliation was possible, and they are very principled and brave to stand up for you.

i recommend that they write a letter to the management which states what happened in that meeting and say that they believe that it was unfair. you can then include that letter in your reply in your case if it is still possible.


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4 Re: ILLEGAL DISMISSAL CASE on Sat Apr 16, 2011 10:50 pm

TiagoMontiero


Prision Correccional
@Xtian - These are the two applicable provisions in the Labor Code:

Art. 118. Retaliatory measures. -
It shall be unlawful for an employer to refuse to pay or reduce the wages and benefits, discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under this Title or has testified or is about to testify in such proceedings.

Art. 248 (f) Unfair Labor Practice - To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code; 

I hope these might help.. What a Face

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5 reply on Mon Apr 18, 2011 11:47 pm

xtian


Arresto Menor
yes, i will tell that to them, i have 2 remaining witnesses left out of 10. some of them backed out because they were terrified to lose their jobs.

thank you all very much for the advise..i know that i can share this to some people who needs advise related to my case.

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6 Re: ILLEGAL DISMISSAL CASE on Tue Apr 19, 2011 12:45 am

xtian


Arresto Menor
and also i would like to ask. how long does it take for illegal dismissal case to be finished here in the philippines? just want to have some time frame about this.


thank you very much again

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7 Re: ILLEGAL DISMISSAL CASE on Tue Apr 19, 2011 10:40 am

attyLLL


moderator
have you filed your position paper? a more realistic time frame is 3-6 months after it is submitted for resolution, but it all depends on the arbiter.


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8 Re: ILLEGAL DISMISSAL CASE on Tue Apr 19, 2011 11:19 pm

xtian


Arresto Menor
good day to all..

yes, i already have my position paper submitted to NLRC a month ago, however as i check it with my lawyer, the company doesnt have a position paper submitted yet and they didnt ask for extension. 3-6 months is just a short span of time. i really appreciate all of your comment and suggestions regarding this case.. thank you very much and may god bless you all.

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9 Re: ILLEGAL DISMISSAL CASE on Wed Apr 20, 2011 6:27 pm

attyLLL


moderator
xtian, please next time, be more forthcoming that you already have a lawyer. direct these questions to him unless you feel he has been negligent.


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10 Re: ILLEGAL DISMISSAL CASE Today at 4:12 am

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