3/31/2021
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training, that will prepare you for a meaningful career with Comscentre.
If you for any reason, terminate your employment with the company at your
volition (sic) or were terminated for cause before you complete the twentyfour (24) months of service from your start date , your (sic) agree to
indemnify the company the amount of P80,000 to cover all expenses
incurred in relation to your employment. This includes, but not limited to,
recruitment expenses, formal on-the job training and other related
administrative costs. xxx xxx xxx.[4]
On August 24, 2011, respondent e-mailed Comscentre's Australian Human Resource
Manager Lianne Glass asking for clarification regarding the "employment bond."[5]
The following day on August 25, 2011, Hachero issued a show-cause letter to
respondent seeking her explanation why she should not be subjected to disciplinary
action for raising her concerns directly to Manager Glass and allegedly going around her
colleagues' workstations during working hours to discuss her resignation . The showcause letter, however, indicated that respondent was already placed on preventive
suspension, viz:
Relatively, you are hereby required to submit your written explanation on 29
August 2011, why you should not merit corresponding penalty of disciplinary
action. You are hereby advised of an administrative hearing on 30 August
2011, 10:00 am at the Corporate Office, xxx xxx.
Taking into consideration that your alleged actions are already causing
chaos, disarray/turmoil amongst co-employees and the whole working
environment and is now disruptive of work output, thus, jeopardizing and
putting the company operations at high risk and hampering over-all
productivity, which the Company cannot anymore tolerate, you are hereby
placed on preventive suspension immediately upon receipt of this notice
under further notice.[6]
On August 29, 2011, respondent submitted her explanation. An administrative hearing
was thereafter conducted on September 2, 2011. On September 9, 2011, petitioners
issued a Letter of Suspension (Without Prejudice)[7] to respondent stating she was
preventively suspended without pay from August 25, 2011 to September 9, 2011.
On September 16, 2011, respondent sued petitioners for unfair labor practice, illegal
suspension, illegal deduction, underpayment of salaries, non-payment of wages,
service incentive leave pay and 13th month pay, damages (moral and exemplary), and
attorney's fees.[8]
Respondent claimed she neither discussed her resignation with her colleagues during
work hours nor disobeyed any company directive. Too, Manager Glass advised
employees to communicate with her directly if they were not comfortable with the way
local management handled their concerns. Thus, the allegations in the show-cause
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66004
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