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Illegal Dismissal by employer due to 3 infractions

2 posters

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nimans_22


Arresto Menor

Hi, this is nimans. My company had terminated on November 2012. for 1 tardiness on January 2012 and 1 NCNS for October 2011 (which was supposed to be excused because I was sick). Both infractions should have been refreshed according to the latest COC that states every infraction will be refreshed after 6 months if the employee does not incur the same infraction within 6 months. Anyway, I filed a complaint at NLRC, then after 3 conciliations they still did not provide me with a concrete answer if they will give me what I requested for settlement. The labor arbiter had promised to let me file a position paper if by next week, they can't provide what I had requested. Therefore, next week will be their final chance to come up with a decision with regard to the amount that I am requesting.

My question is this.. Would I have a big chance of winning the case? And also, can PAO support me even though I am earning more than 14k net / month since I do not have money to pay for a lawyer? And how long does it usually take for this case to be done?

Just wanting to know what to expect if i file a position paper. Thank you so much for your time.

Patok


Reclusion Perpetua

were you given due process when you were terminated?

prepare yourself as labor cases at NLRC can lasts for years.. then there's the court of appeals..

nimans_22


Arresto Menor

Patok wrote:were you given due process when you were terminated?

prepare yourself as labor cases at NLRC can lasts for years.. then there's the court of appeals..

I was not.. They served the termination paper on November 15, 2012 when my November 15, 2012 shift ended.. Another violation from them I guess. There were no warnings or whatsoever.

Patok


Reclusion Perpetua

then you have a strong case for illegal dismissal.. just be patient as it will take time..

nimans_22


Arresto Menor

Patok wrote:then you have a strong case for illegal dismissal.. just be patient as it will take time..

My problem is that I cannot afford a lawyer. Can PAO support me if I earn more than 14k net salary per month?

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