Legal Question in Employment Law in Philippines

I was employed for 14 years and six months as a medical representative in a multi-national compay when I was terminated. All those years, I did not have any bad record in my 201 file. In one occasion, I was 15 minutes late in an alleged business meeting set by my new boss (Alleged because I found out later that my presence wasn't needed in that meeting) and admittedly, I lied on the reason of being late. I said I passed by a client first before attending to the said business meeting so I got late. My boss investigated and found out that I didn't pass by that client. In that account I was verbally repremanded, given a written memo and given a notice to explain alltogether in one day. I answered the memo and admitted my ofense, saying that I intended to lie because I was afraid to be scolded. My written explanation reached our HRD and after two weeks I was given a termination letter for allegedly being dishonest.

I filed a labor case on the ground of "illegal termination" against my employer and I am currently waiting for the decision from the NLRC for more than one and a half years now. My questions are:

1. My offense was not habitual, it happened only once. Is that a ground for termination?

2. Having been bombard with memos and being repremanded repeatedly, I went to the client who allegedly scheduled the business meeting and asked him why he did not personally informed me with the meeting. He said that I am not included in the meeting, instead, he set a meeting with our product manager. I requested a certification from him and he issued me one (hand written with signature), which I presented as a defense in my position paper. Do I have a winnable case because of that certification?

3. Is the case favorable to my previous employer or to me?

Thank you.


Asked on 6/30/13, 9:06 am

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

We cannot comment on this because this is already pending before the NLRC. Just ask your lawyer.

Read more
Answered on 7/03/13, 8:22 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Philippines