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Wrongful or Unfair dismissal

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1 Wrongful or Unfair dismissal on Wed Aug 24, 2011 9:21 pm

DonGabriel


Arresto Menor
HELP I need your HELP please..

Scenario:

1. My employment is bonded for 200k (12months) for the 6wks training abroad but the training lasted for only 5wks and the remaining allowances were returned.

2. I requested for training bond revision several times, as I believe that bond should be based on the actual weeks of training took place.

3. HR manager agreed on the revisions but it never happened because the other HR head contest that its based on the knowledge impart and not on the expenses incurred during the training.

4. I filed resignation (reason: i can no longer comply with the Attendance policy) on tentative effective dates, but within the 30days notice as I believe that they will revise the bond and the new end date will take effect.

5. A day after I filed a resignation HR coaching was given, asked to see thru the end of the training bond and be in the office on time - i signed on the coaching docs but verbally admitted to the HR that i can no longer wait till the bond expires and can not even come to the office on time. and received 2 more notices on my attendance

6. I requested HR for flexi timing for me to see thru the end of the bond but HR directs me to my manager who rejected my request

7. i requested again for flexi timing, immediate manager agreed but the ops mgr disproved

8. filed another resignation letter effective date still based on my expected bond end date but the immediate manager did not submit the letter to the HR. I do not have a hard copy.

9. I underwent hearing where i was given 2 options, to resign immediately or go thru the long process which may take upto 2months according to HR.

10. i did not file the resignation presuming that i will go thru the long process as per advice by other managers.

11. the following day termination letter is served effective immediately.

12. i was so confused and depressed so i just accepted the termination.

Questions:
1. is this considered wrongful or unfair dismissal?
2. may laban ba ako? Kanino at pano ako lalaban?
3. can i demand for my back pay and employment certificate?
4. should the training bond be amended?
5. how can i depend myself to my new employer?

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2 Re: Wrongful or Unfair dismissal on Thu Aug 25, 2011 11:05 pm

attyLLL


moderator
what is the basis of your termination? you went awol?


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3 Re: Wrongful or Unfair dismissal on Mon Aug 29, 2011 11:42 pm

DonGabriel


Arresto Menor
no, but i keep on coming in late. and the reason for my resignation was i can no longer comply with the company schedule, but my immediate manager did not accept my resignation and did not forward it to the HR..instead asked me to do flexi timing, and he was the one who asked me to get the approval from HR and upper management, but i can not justify it as everything was done verbally. so i was surprise when i undergone coaching till it reached termination as i have already submitted my resignation twice and they are the one who asked me to stay a little longer til i finished the training bond.

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4 Re: Wrongful or Unfair dismissal on Wed Aug 31, 2011 4:59 pm

attyLLL


moderator
what is the reason behind our tardiness? on the notice to explain or care form, how many instances of tardiness were cited?

are you after reinstatement? or that they just allow you to resign?


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5 Re: Wrongful or Unfair dismissal on Sun Sep 04, 2011 2:59 pm

DonGabriel


Arresto Menor
health condition and personal problems was the reason for my tardiness which happened almost everyday.

i am not after the reinstatement, i just want them to revise the training bond based on the actual training weeks so i will not be charged 200k for resigning my post.

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6 Re: Wrongful or Unfair dismissal on Mon Sep 05, 2011 9:00 pm

attyLLL


moderator
you can file an illegal termination case; you have the right to question the basis of your termination. during the mediation, you can settle with the company regarding these matters in exchange for dropping the case.


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