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Tag - constructive dismissal

12 Jun

Evidence Management in Company Investigation

Evidence is one of the crucial items needed in establishing a case involving violation of company rules and regulations. Considering that evidence is usually a tangible thing it can also be lost on account of being tampered or destroyed. By the time that the company needs the evidence to support its position it is not available anymore. So, what should the company do to preserve the evidence once there is an act warranting company investigation? Depending on the nature of violation [...]

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22 May

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 [...]

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08 May

Company Practice Must be Proven by Employee

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Company practice is usually used as basis to claim diminution of benefit. The idea is that there is no express policy granting company practice. The claimant alleges that said benefit was removed without his consent. Since there is nothing in writing granting such benefit, the claimant may allege that there is a company practice. While this is admitted, the claimant has to prove the [...]

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07 Jul

Constructive Dismissal

Constructive dismissal is an illegal form of dismissal which does not involve any written or verbal statement that the employee is dismissed from service. But the treatment on the employee by the employer is inhumane, prejudicial, and inconvenient such that the former is left with no choice but to involuntarily quit his work. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. Constructive dismissal is defined as quitting or cessation of work because continued [...]

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18 Apr

TRANSFERRING A WIFE TO HER HUSBAND’S OFFICE IS A MANAGEMENT PREROGATIVE

Martinez Memorial Colleges, Inc. (MMC) is a private educational institution. Mariano was MMC’s Assistant Cashier since April 15, 1976 and had been in service for 32 years. Part of her job was to accept payments and issue receipts and deposit slips to MMC students. On March 12, 2008, the Mariano went on a one month authorized leave of absence, as she and her husband Dario Mariano (Dario), Director for Finance of MMC, would be vacationing in the United States. When [...]

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