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12. Illegal Dismissal

During their probationary employment, eight (8) employees were berated and insulted by their supervisor. In protest, they walked out. The supervisor shouted at them to go home and never to report back to work. Later, the personnel manager required them to explain why they should not be dismissed from employment for abandonment and failure to qualify for the positions applied for.

They filed a complaint for illegal dismissal against their employer.

As a Labor Arbiter, how will you resolve the case? 10%

1 comment:

Anonymous said...

XII.

I will dismiss the complaint for illegal dismissal. The employees were not yet dismissed as shown by the fact that they were being required to explain why they should not be dismissed. The supervisor’s statement that they go home and never report back to work cannot be reasonably understood as dismissing their employment, since the statements were just made in the spur of the moment.