Is this constructive dismissal?

kipoy218 wrote:Hello.

I work as an Internal Auditor for a property management company for ten years now. A pilferage case happened in the last few months that resulted to some employee stealing almost 36k and all the blame went to me because I failed too see it at an earlier time.

Now I discovered that the company already hired someone to replace me but I have yet to receive any memo to let me explain my side or was I put in any process. Worst they hide the fact that they already hired someone and I only found out because I chance upon him at one of our site and he said he is the new internal auditor.

Thanks in advance for any reply.

Constructive Dismissal and Involuntary Resignation
Constructive dismissal is an involuntary resignation resulting in cessation of work resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to an employee.
In Globe Telecom, Inc. v. Florendo-Flores, it was held that where an employee ceases to work due to a demotion of rank or a diminution of pay, an unreasonable situation arises which creates an adverse working environment rendering it impossible for such employee to continue working for her employer. Hence, her severance from the company was not of her own making and therefore amounted to an illegal termination of employment. (Cited in Francisco vs. NLRC, G.R. No. 170087, August 21, 2006.)

Cases
Diminution of pay. A diminution of pay is prejudicial to the employee and amounts to constructive dismissal. (Francisco vs. NLRC)

Transfer of employee not amounting to constructive dismissal. Transfer of an employee from one area of operation to another is a management prerogative and is not constitutive of constructive dismissal, when the transfer is based on sound business judgment, unattended by a demotion in rank or a diminution of pay or bad faith. (Tan vs. NLRC, G.R. No. 128290, November 24, 1998.)

Transfer of employee amounting to constructive dismissal. A transfer amounts to constructive dismissal when the transfer is unreasonable, unlikely, inconvenient, impossible, or prejudicial to the employee. (Phil. Industrial Security Agency Corp. vs. Aguinaldo, G.R. No. 149974, June 15, 2005.)