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Illegal Dismissal, What are my chances?

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1 Illegal Dismissal, What are my chances? on Sat May 07, 2011 12:00 am

honneyche


Arresto Menor
sir its me again, ask ko lang po kung ano ang chances ko if i file a case of illegal dismissal sa ginawa ng school namin sa akin...three years of service po, nahire ako ng for the school year 2008-2009 and this school year 2010-2011 is my third year. sana by next school year permanent na ako pero nung nagend ang contract ko ng march 31 2011, tinext lang ako by april 1 na hindi na po ako marenew. still nagreport parin ako para tapusin ang mga grades and other paper works. April 13 kinausap ko ang admin and binigyan nila ako ng notice to explain with grounds na sa tingin ko ay unfair. april 18 binigay nila ang notice na hindi na daw po marenew ang contract ko. gusto ko po ifile ng illegal dismissal ang situation ko, sa tingin niyo po ba ano ang chances ko? salamat po...

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2 illegal dismissal on Sat May 07, 2011 11:41 am

honeyche,

considering your inquiries, first things first, did the school provide you with any document about your perfomance? a sort of performance evaluation to apprise you on how you did in school, the manner you comply with the set standards of the school. This could be the basis of the school on how you perform and can be used against you in the event that you did not conform with their set standards.

In the event that none was given to you, they can not just text you and say that they will no longer renew your contract on the basis of of an SMS. It is quite sad knowing that your contract will no longer be renewed but on normal circumstances a contract do have stipulations clearly written and shall be followed by both parties. In your case, if the contract expires and the party involved cease to continue the agreement, it shall have a binding effect.

However, in your case, you are under the so-called termed employee. There are relevant jurisprudence decided by the Supreme COurt, Brent School vs. NLRC, you can find it sa google and try to read it. To me, your case squarely fit this case.

Now, filing a case of illegal dismissal before the NLRC is always your contitutional right under the law and your statutory right to due process. I would suggest that before instituting a case before the NLRC, try to gather as much documentary evidence as possible. Always remember, filing a labor case should be backed with documentary evidence to show the arbiter that your cause of action is valid. These cases are ruled based on the preponderance of evidence. The more evidence you have more chances of you winning your case.







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3 Re: Illegal Dismissal, What are my chances? on Sat May 07, 2011 1:13 pm

honneyche


Arresto Menor
when they texted me april 1 wala pa po sila binibigay sa akin na documents about my performance, april 13 they gave me notice stating my grounds which i think is very unfair. they even gave me a summary of students evaluation na mor e on negative and nakalagay, hindi nila nialagay ang positive. i even ask them what standard ang meron sila and they even replied na sa kanila nalang daw yon. I saw the evaluation of students i have more on postive but the summary they gave me is more on negative.

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4 illegal dismissal on Sat May 07, 2011 1:34 pm

secure a copy of the evaluation they showed you. Under the law, it is your right to know it. you need to gather documents that will prove your cause of action. Anything you allege in your complaint "must" be supported with documentary evidence. In filing a case before the NLRC, you need not present evidence initially. So gather as much documents that you can get. The student evaluation that you said to have positive comments would best prove your performance.You will need these documents whenever an order will be given that you and the party (school) are directed to submit a position paper.

When you lodge a complaint before the NLRC, your school being your employer has the burden of proof and shall be answerable before the NLRC to refute all your allegation in the complaint you will institute.

Everyone has the chance of winning provided that everything should be done in accordance with law. " whatever is not written, it did not happened"

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5 Re: Illegal Dismissal, What are my chances? on Sat May 07, 2011 7:00 pm

honneyche


Arresto Menor
salamat po sa advice..ill file a case sa nlrc and i hope it will turn out well..

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