ILLEGAL DISMISSAL (SENA)

Hi,

I went to DOLE to file complaint for an illegal dismissal and non payment of night differential and holiday pay. We had our first SENA 3/21/16, during the SENA I was ask what am I seeking for. At first, I said I want justice because I know na hindi ako dapat na terminate. I was asked if gusto ko mareinstate, I said  I don't think na magiging maganda pa ang working environment ko kapag bumalik ako, so they asked what do I want to happen. Medyo confuse ako at that time, I asked for 1 month salary as financial assistance for my last pay and the payment for night differential and holiday pay. The question is, can still change that statement? Wala pa namang agreement, we only signed the minutes of the meeting and other party said they will check with their client kung papayag. I just realise kasi na hindi enough yun for the inconvenience they have cost me. And if you can give me an idea of what should I ask or seek for. I will have my 2nd conference 4/1/16. Hope you can help me. Thank you.

KAMANELA wrote:Hi,

I went to DOLE to file complaint for an illegal dismissal and non payment of night differential and holiday pay. We had our first SENA 3/21/16, during the SENA I was ask what am I seeking for. At first, I said I want justice because I know na hindi ako dapat na terminate. I was asked if gusto ko mareinstate, I said  I don't think na magiging maganda pa ang working environment ko kapag bumalik ako, so they asked what do I want to happen. Medyo confuse ako at that time, I asked for 1 month salary as financial assistance for my last pay and the payment for night differential and holiday pay. The question is, can still change that statement? Wala pa namang agreement, we only signed the minutes of the meeting and other party said they will check with their client kung papayag. I just realise kasi na hindi enough yun for the inconvenience they have cost me. And if you can give me an idea of what should I ask or seek for. I will have my 2nd conference 4/1/16. Hope you can help me. Thank you.

Kung mahina din lang ang kaso mong 'illegal dismissal' e makuntento kna sa hinihingi mo, kasi kng mahina kaso mo ay ang dapat mo lang makuha ay ang back pay mo at walang financial assistance. Pro kung malakas anf kaso mo e pwede ka png humingi ng mas higit pa.

thank you sa reply. I was terminated for call avoidance but the catch is ako ang tumawag, outbound call. No coaching or warning termination agad.

KAMANELA wrote:The question is, can still change that statement?

Well. They asked what you want to find it ok, and you gave them an "offer". I don't know if there are any exceptions, but I INTERPRETE it as they have RIGHT to accept your offer and IF they do, then you have an AGREEMENT,
BUT IF they DON'T accept, THEN you have possibility to change what you demand, even raise your demands, because then THEY have "cancelled" your first offer

Others can answer much better how strong/weak case you have,
but if their offer isn't very bad, it's mostly better to get an agreement than have to make a case.

KAMANELA wrote:thank you sa reply. I was terminated for call avoidance but the catch is ako ang tumawag, outbound call. No coaching or warning termination agad.

Paanong naging call avoidance?

Ikaw ba ang nag hang-up sa tawag na hindi pa dapat natapos ang usapan?

Ang call avoidance generally is a terminable offense at the first instance.

I am part of complaints team..part of my job is to help our customer to resolve his/her complaint. So here comes one complaint dated 2nd Dec. 2015, ang complaint ng customer ay tungkol sa isa sa department ng organization namen. To fix it I need to coordinate sa department na yun. At first sumasagot sila sa tawag ko at email but after few days wala na. Nag aliby na lang ako sa customer namen na because of the holiday season e magandang intayin na lang namen by Jan. 2016. So here comes 4th Jan. 2016, I called that department swerteng sinagot ng taong dapat noon pa kame binalikan. During our conversation nag sabi sya agad na I've done everything I can and I can no longer do anything else. Pwede na sana nagemail na lang sya sa akin ng hindi na tumagal pa. I've asked kung kanino ko na pwedeng habulin ang complaint ng customer namen, and sabi nya sa bagong boss nya raw, tinanong ko kung ano ang email add pero di ko sya maintindihan, tinanong ko ang emplyee number ng bago nyang boss and sagot nya I don't know. Now seen I longer have time and I want to help the customer right away, I told that person if this customer will will escalate this even further I'll make sure your name is included thank you sabay baba ng phone. After a while this person have sent an email to my supervisor saying how I behaved during our conversation and for that I was terminated. Of course may NTE (nontice to explain) on my defense I was helping the customer the real customer but they did not see it that way. What do you think? Do I have case or not? Thank you.

Walang Admin Hearing?

KAMANELA wrote:I am part of complaints team..part of my job is to help our customer to resolve his/her complaint. So here comes one complaint dated 2nd Dec. 2015,  ang complaint ng customer ay tungkol sa isa sa department ng organization namen...

(My Tagalog is bad so I understand only parts of your post.)
Did they dismis you for
1/ you CONTACTED the others
2/ or because of HOW you did it
3/ or what?

p2 can perhaps be a dismisal reason, IF you did it in a much unproper way.

p1 perhaps THEY can SEE as a dismisal reason, if they are bad bosses* Perhaps the company policy is your level ONLY tell a higher level and then LEAVE it to them to solve, when it's SUCH type of problem?

*If it would happen where I decide,
/I would just say, if it was good handled
Good but tell me first next time when it's organisatorial problem (because I want to be sure it will be fixed for the future too).
/If it wasn't good handled, but with a good intent, then I would just say:
Tell me next time and leave it to me.
Either would be dismised...
But I know in most countries including the Philippines the companies are normaly very Pyramidal lead. (=Top bosses tell the middle bosses to tell the lower, mostly WITHOUT listen to them in the bottom of the Pyramid, who have most contact with the customers... In such organisations, they don't want the employees to think anything themselves just follow the orders...)