July 7, 2017

TRANSGRESSIONS THAT ARE PROHIBITED BUT VIOLATORS ARE NOT CAUGHT DO NOT AMOUNT TO TOLERATION ON THE PART OF THE COMPANY

Transgressions of company policy and code of conduct are grounds for dismissal of employees under the serious misconduct. St. Luke’s Medical Center, Inc. vs. Maria Theresa […]
July 10, 2017

Satisfaction of Judgment Pursuant to a Writ of Execution will not Render the Certiorari Moot and Academic

Satisfaction of judgment by the company of the decision of the NLRC pursuant to a writ of execution will not render the petition for certiorari filed […]
July 11, 2017

DISHONESTY THAT IS NOT “ACTIVE DISHONESTY” MAY NOT BE SUFFICIENT TO DISMISS EMPLOYEE FOR SERIOUS MISCONDUCT

Dishonesty is one of the grounds for dismissal of employee. However, hesitation of the employee to admit mistake and subsequent admission of such mistake cannot amount […]
July 12, 2017

Prescription is not Stopped by the Filing of Complaint which was later Withdrawn

Prescription bars the party from pursuing any action against violation of rights. If the complainant in a labor case filed the illegal dismissal case and later […]
July 13, 2017

DEATH BENEFIT GENERALLY APPLIES ONLY TO DEATH OCCURRING DURING THE TERM OF SEAFARER’S CONTRACT

Death benefit accrues to the seafarer who dies during terms of service. If it occurs after the expiration of his contract it does not apply, as […]
July 14, 2017

VOLUNTARY TERMINATION OCCURS IF EMPLOYEES REFUSE TO RENEW CONTRACT WITH EMPLOYER WHOSE SERVICE AGREEMENT WAS TERMINATED BY ITS CLIENT

Voluntary termination is inconsistent with claim of illegal dismissal. Thus, if the employees of a contractor, whose service agreement with client was terminated, refused to renew […]
July 17, 2017

RETIREMENT BENEFITS UNDER ARTICLE 287 DO NOT APPLY WHEN THE COMPANY HAS ITS SUPERIOR RETIREMENT PLAN

Retirement plan of the company that is superior to the provisions of Article 287 shall apply to a retiring employee. Philippine Airlines, Inc. vs. Arjan T. […]
July 18, 2017

DOUBTS IN EVIDENCE IN LABOR CASES ARE RESOLVED IN FAVOR OF LABOR

Doubts that pervade in the presentation of evidence to establish validity of dismissal are resolved in favor of labor. The Supreme Court held in the following […]
July 19, 2017

STARE DECISIS DOCTRINE APPLIES WHEN THE ONLY DIFFERENCE BETWEEN THE FIRST LABOR CASE AND THE SECOND ONE IS THE DATE OF TERMINATION OF EMPLOYMENT

Stare decisis means that when a court has laid down a principle of law as applicable to a certain state of facts, it will adhere to […]
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