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

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

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