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TOPIC: Arbitration at NLRC

Arbitration at NLRC 6 years 4 months ago #4247


After 3 hearings, NLRC has directed the company and my daughter up to April 30, 2013 to submit their position papers. My daughter complied but the company was asking for an extension citing flimsy reasons such as lack of time on their part to submit, they are too busy. Are these excuses acceptable? What could be our next move? Can we ask the Arbiter to deny their motion for an extension?

Another issue. My daughter was suspended last January 21, 2013. Suspension was lifted after 30 days with no findings on the part of the company. In that letter lifting suspension she was asked to report for work immediately. However she was verbally told that she would be reassign to the Visayas area, a place where she has not visited and she does not speak the dialect, an obvious move to ease her out. The company was so cautious not to put in writing most of the instructions hence, she was forced to write the company on every issues just to formalize the development. My questions:

1. Since she is a field personnel and there was a document signed by her that she could be assigned anywhere in the Philippines, is her transfer legal considering the fact that there were already history of harassment on the part of her superiors?

2. She has not received any compensation since the lifting of her suspension on Feb 23, 2013. Last April 30 she was given salary. What would this mean? Can they terminate her on grounds of insubordination considering that she is protesting the new area assignment?

Thank you for the response and more power to your office.

EJ Flores
Las Pinas
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Arbitration at NLRC 6 years 4 months ago #4258

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1. This is a case to case basis. The transfer maybe arbitrary or not depending on the circumstances and the actual job.

2. I need more details.
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