August 22, 2017

CERTIFIED XEROX COPY IS THE SAME AS CERTIFIED TRUE COPY

Certified “Xerox copy” and a “true copy” have no distinction for as long as the photocopy is certified by the proper officer of the court, tribunal, […]
August 22, 2017

RESIGNATION THAT IS CLAIMED TO BE INVOLUNTARY SHOULD BE PROVED WITH CLEAR AND CONVINCING EVIDENCE

Resignation should be voluntary. However, if the employee claims that his written resignation is not voluntary he should present clear and convincing evidence to support such […]
August 22, 2017

Release, Waiver and Quitclaim Does not Bar the Employee from Claiming the benefits due him; Receipt of Separation Benefit does not Amount to Estoppel

Release, Waiver and Quitclaim as a general rule is frowned upon by the Courts. However, it is valid if voluntarily entered into and represents a reasonable settlement, […]
August 22, 2017

Release and Quitclaim Document is Not Voided By the Fact that it was Improperly Notarized

Release and quitclaim document that is improperly notarized cannot be voided when the execution was voluntarily done. The post below has the same facts with the […]
August 22, 2017

Sample Notice to Explain for Accessing Pornographic Website

Sample notice to explain is provided to guide HR practitioners on the procedural due process for dismissal. In this post the offense is accessing pornographic website […]
August 25, 2017

RETURN TO UNIT OF SECURITY GUARD FOR UPDATE OF DOCUMENTS FOR RE-ASSIGNMENT IS NOT DISMISSAL FROM SERVICE

Return to unit directive of the agency to security guards on account of replacement of guards by the client is not constructive dismissal. Case filed before […]
August 28, 2017

CONTROL IS THE MOST IMPORTANT ELEMENT THAT ESTABLISHES EMPLOYER-EMPLOYEE RELATIONSHIP

Control is the most crucial element of employer-employee relationship and if present in the case will establish such relationship. Hence, the SC held that: Sumifru (Philippines) […]
August 31, 2017

AFFIRMATIVE RELIEF OTHER THAN THOSE GRANTED IN THE DECISION OF THE LOWER COURT CANNOT BE GRANTED TO PARTY WHO DID NOT APPEAL

Affirmative relief on appeal is available only to party that appealed the decision of the lower court. Decision becomes final as against a party who does […]
September 1, 2017

WILLFUL BREACH OF TRUST AS GROUND FOR DISMISSAL OF MANAGERIAL EMPLOYEE REQUIRES ONLY MERE EXISTENCE OF THE BASIS FOR BELIEVING THAT THE EMPLOYEE HAS BREACHED THE TRUST OF EMPLOYER

Willful breach of trust requires only mere existence of a basis for believing that the employee has breached the trust and confidence of the employer” for […]
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