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Moral Damages? Arising from unfair trial by HR

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1 Moral Damages? Arising from unfair trial by HR on Fri Aug 26, 2011 11:05 am

redwing07


Arresto Menor
I have a friend who filed a sexual harassment case against her colleague.

Her colleague said that they were actually in an intimate relationship, which was refuted by my friend.

During the trial an associate of the defendant backed up the claim. The HR did not interview anybody else and believed it although there were no other evidence except word of the mouth.

The HR suspended the defendant for only 10 days, but they ALSO SUSPENDED MY FRIEND for 5 days because they believed she was really having an affair.

She was not given any chance to refute the allegation formally.
She was interviewed only once.

When she asked why she was also suspended, the HR replied "nagreklamo ka pa kasi"

Can there be a case of moral damages here? Thanks in advance!

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attyLLL


moderator
she can file a complaint for illegal suspension at the nlrc


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yahji23


Arresto Menor
[justify]gudmorning...tanong ko po kung nagpasa po ako ng complaint against some co-employees regarding sa paninirang puri..gaano po ba dapat katagal ang pag iimbestiga at ang hatol?? pano po ba kung may kasunduan ang mga dept. heads pero wala po ako doon?? pwede ko po ba kasuhan ang mga ito sa labas ng company?? ask ko din po kung may isang phrase na sinabi ang isang tao sa akin na wala naman ako kinalaman sa isang social networking,pwede ko po ba kasuhan ang taong ito???

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attyLLL


moderator
it all depends on management prerogative. there is no time frame. they might not even want to act on it. do some follow ups in writing first.

you can elevate by filing a complaint at the prosecutor's office, unless you live in the same city or municipality and you have to file it first at the bgy


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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