Strong Words by the Employer Do not Necessarily Result in Constructive Dismissal

Strong Words by the Employer Do not Necessarily Result in Constructive Dismissal

Strong words alone cannot make the employment of employee unbearable. In short, they do not necessarily amount to constructive dismissal.

Constructive dismissal exists if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him or her except to forego his or her continued employment.

The test for determining if an employee was constructively dismissed is whether a reasonable person in the employee’s position would feel compelled to give up his or her employment under the prevailing circumstances.

In the case of Cokia Industries Holdings Management, Inc. vs. Bug-os (G.R. No. 236322, November 27, 2019) the employee alleged that she was scolded by her employer when she was investigated for irregularities. However, the Supreme Court held that strong words from the employer do not necessarily make the working environment unbearable. When these are uttered without palpable reason or are expressed only for the purpose of degrading the dignity of employee, then a hostile work environment will be created.

The employer in said case countered that the employee resigned while the investigation on her irregularities was in progress. Now, the Supreme Court is faced with the issues of claim of constructive and defense of resignation.

The Court held that the company has to prove voluntary resignation. While the employee has to substantiate constructive dismissal. In ruling, the SC held that resignation refers to the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. The acts of the employee

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate

before and after the alleged resignation must be considered in determining whether he or she, in fact, intended to sever his or her employment.

The employer has the burden of proving that an employee voluntarily resigned. However, an allegation of constructive dismissal must be proven by the employee, especially when he or she has given a resignation letter to the employer, as held in the case of Gan vs. Galderma Philippines, Inc.

As proof of Bug-os’ voluntary resignation, CIHMI, et al. submitted a copy of her handwritten resignation letter. On its face, the letter does not have any indication that she was forced to execute it. She made no mention of what she claims are false accusations against her. Her words of gratitude further undermine her assertion that she was coerced to resign.

Bug-os claims that George and his mother subjected her to harsh treatment the moment the irregular transactions were discovered and that she was scolded. The SC held that strong words from the employer do not necessarily make the working environment unbearable. When these are uttered without palpable reason or are expressed only for the purpose of degrading the dignity of employee, then a hostile work environment will be created. Bug-os did not cite the statements made by George that were demeaning to her. Hence, it cannot be said whether he uttered words which made working in CIHMI unbearable for her, or simply expressed his anger over the misappropriation of CIHMI’s funds.

For the SC, Bug-os’ resignation merely two days after she was given the memorandum indicates an incredulous amount of time to claim that she was subjected to so much harassment that it made working for CIHMI unbearable. While there is no fixed period for constructive dismissal, the period from the time she was asked to explain the irregularities discovered until she resigned simply does not lend credibility to her claim that she was constructively dismissed.

Conversely, CIHMI, et al. submitted evidence to prove that Bug-os committed irregularities. Affidavits of individuals attest that there was no loan from Pag-Ibig and that Bug-os reported an amount for remittance to Pag-Ibig in excess of what was actually deducted from salaries. She then credited the excess to her loan. She deducted from the salaries of other employees but credited the amount deducted to the payment of her own loan and that of other persons. She reported an amount for remittance that is higher than what was actually deducted from her salary

Share this post

Comments (10)

  • Henry

    … [Trackback]

    […] Info to that Topic: lvsbooks.com/strong-words-by-the-employer-do-not-necessarily-result-in-constructive-dismissal/ […]

    July 16, 2022 at 10:14 pm
  • Köp Metadon Online

    … [Trackback]

    […] Find More on that Topic: lvsbooks.com/strong-words-by-the-employer-do-not-necessarily-result-in-constructive-dismissal/ […]

    July 24, 2022 at 3:20 pm
  • Rust hacks

    … [Trackback]

    […] Read More on on that Topic: lvsbooks.com/strong-words-by-the-employer-do-not-necessarily-result-in-constructive-dismissal/ […]

    September 18, 2022 at 5:39 pm
  • recreational weed dispensary Kansas

    … [Trackback]

    […] Find More on that Topic: lvsbooks.com/strong-words-by-the-employer-do-not-necessarily-result-in-constructive-dismissal/ […]

    October 24, 2022 at 6:58 pm
  • Plantation Shutters

    … [Trackback]

    […] Info on that Topic: lvsbooks.com/strong-words-by-the-employer-do-not-necessarily-result-in-constructive-dismissal/ […]

    February 27, 2023 at 8:57 pm
  • Double Cupcake 1g Diamonds

    … [Trackback]

    […] Info on that Topic: lvsbooks.com/strong-words-by-the-employer-do-not-necessarily-result-in-constructive-dismissal/ […]

    March 7, 2023 at 1:38 pm
  • ufabet24h

    … [Trackback]

    […] Read More Information here to that Topic: lvsbooks.com/strong-words-by-the-employer-do-not-necessarily-result-in-constructive-dismissal/ […]

    March 10, 2023 at 6:25 am
  • debt consolidation

    … [Trackback]

    […] Find More here to that Topic: lvsbooks.com/strong-words-by-the-employer-do-not-necessarily-result-in-constructive-dismissal/ […]

    April 10, 2023 at 10:45 am
  • Free Live Cams Adult

    … [Trackback]

    […] Read More Information here to that Topic: lvsbooks.com/strong-words-by-the-employer-do-not-necessarily-result-in-constructive-dismissal/ […]

    April 18, 2023 at 7:24 am
  • bbw cameltoe

    … [Trackback]

    […] There you will find 75951 additional Information on that Topic: lvsbooks.com/strong-words-by-the-employer-do-not-necessarily-result-in-constructive-dismissal/ […]

    April 24, 2023 at 10:50 am

Comments are closed.


error: Content is protected !!