Illegal Dismissal to Constructive Dismissal

Hi Atty,

I have a friend who filed a case of illegal dismissal against his employer. A SENA was conducted at NLRC and there was no settlement, therefore my friend decided to pursue a labor case. During the 1st mandatory conciliation meeting, my friend has decided to change his complaint to Constructive Dismissal instead of Illegal Dismissal but the arbiter was against it.

The question is, is the ammendment of complaint allowed? Is it a requirement that you have to remain employed in a Company for you to file a Constructive Dismissal case against your employer? My friend resigned and his reason was for fear of being terminated because he was accused of an offense against the Company's code which was terminable...he admitted to all the offenses during the administrative proceedings.

Your expert opinion, as always, will really help.

Thank you.

the amendment should be allowed, but on the other hand, it is not necessary because what is vital on this point is what will be proven by the evidence in the position papers.

i recommend he follows the arbiter on this. he can clarify the point in his position paper.