Illegal dismissal

Hi. I have this co-worker who's also a regular employee for 3 years. Last month he was caught by our company's IT officer gambling online during working hours. He was asked to file resignation by the management instead of terminating him. Now he's seeking help from DOLE and contesting his what he called "illegal dismissal." What are the odds that he will win this case and be reinstated again. Thank you.

may due process bang nangyari?

You can't argue that it is illigal dismissal since he had rendered resignation letter. If I am the company's HR, I'd simply present his resignation letter to the DOLE officer.

Also, if have have employees who have been with the company for quiet sometime and has done a terminable offense, I'd usually ask them to resign rather than be terminated so that they can have a graceful exit.

Demri - if i will play as the pro-employee type i could argue that the resignation was a forced resignation hence illegal dismissal resulted. Althought hr adviser is correct that the company could just show the resignation letter. I say file your case and letvthe labor arbiter decide. In case of doubt pro labor naman ang presumption ng batas. Better file your case immediately though. Any delay might make the arbiter believe na nagbago lang isip mo.

vane wrote:may due process bang nangyari?

Yes there was, nagkaroon ng hearing sa admin at hiningian din sya ng explanation letter.

@HR Adviser ganun nga rin ang alam kong kadalasang ginagawa ng management lalo na kung regular employee naman ang natanggal. Hindi namin alam kung ano pang gusto nyang habulin sa company. Hindi naman sya naregular dahil sa magandang performance. Naregular sya dahil malakas sya sa isang GM. One year pa lang syang contractual ay naregular agad sya. Samantalang ang iba sa amin ay umabot na ng 5 to 8 years na contractual employee bago naregular.

kung may due process na nangyari and the decision was termination, the burden of justifying that the decision is lawful is to the employer na.

yes

[quote="demri"]@HR Adviser ganun nga rin ang alam kong kadalasang ginagawa ng management lalo na kung regular employee naman ang natanggal. Hindi namin alam kung ano pang gusto nyang habulin sa company. Hindi naman sya naregular dahil sa magandang performance. Naregular sya dahil malakas sya sa isang GM. One year pa lang syang contractual ay naregular agad sya. Samantalang ang iba sa amin ay umabot na ng 5 to 8 years na contractual employee bago naregular.[/quote]
kahit ano pang dahilan kung bakit sya naregular, regular employee pa din sya. FYI, 6 months palang ang abutin ng empleyado e regular na sya, that is lawful.