Labor Law Archives - Page 23 of 49

December 7, 2017

Published by Atty Elvin B. Villanueva at December 7, 2017

OCCUPATIONAL DISEASE THAT IS LISTED AND A NON-LISTED ILLNESS AND THEIR RESULTING INJURY REQUIRE PROOF OF COMPENSABILITY

Occupational disease found in the 2000 POEA-SEC list and a non-listed illness and their resulting injury must sufficiently shown by substantial evidence to be compensable. Notably, […]

December 7, 2017

Published by Atty Elvin B. Villanueva at December 7, 2017

Libel Against a Superior is Serious Misconduct – Sample Notice of Dismissal

Libel is a serious misconduct which if committed against a superior may be ground for dismissal of employee. The post below is the second of the […]

December 7, 2017

Published by Atty Elvin B. Villanueva at December 7, 2017

THIRD DOCTOR MUST BE SOUGHT BY SEAFARER IF THE FINDINGS OF HIS PHYSICIAN CONFLICT WITH THE COMPANY’S PHYSICIAN’S; OTHERWISE, THE LATTER’S FINDINGS SHALL BE FINAL AND BINDING

Third doctor must be referred to by the seafarer to address the conflicting assessments in accordance with the mandated procedure. Failure to observe the procedure will make […]

December 8, 2017

Published by Atty Elvin B. Villanueva at December 8, 2017

COMPANY PRACTICE DOES NOT ARISE OUT OF ISOLATED PAYMENT OF ADDITIONAL VOLUNTARY SEPARATION BENEFITS

Company practice arises only when the grant of benefits should have been practiced over a long period of time, and must be shown to have been […]

December 10, 2017

Published by Atty Elvin B. Villanueva at December 10, 2017

PRELIMINARY INJUNCTION AGAINST EXECUTION OF NLRC DECISION IS PROPER WHEN THERE IS CHANGE IN THE SITUATION OF THE PARTIES

Preliminary injunction issued by the NLRC on account of the conflicting Court of Appeals decision was proper. Thus, the CA did not commit a reversible error […]

December 13, 2017

Published by Atty Elvin B. Villanueva at December 13, 2017

MATERIAL DATES SHOULD BE COMPLETELY STATED IN THE PETITION; FAILURE TO DO SO, DESPITE ORDER, SHALL CAUSE THE DISMISSAL OF THE PETITION

Material dates should be completely stated in the petition for certiorari. Otherwise, such failure is sufficient ground to dismiss the petition under Section 3, Rule 46 […]

December 14, 2017

Published by Atty Elvin B. Villanueva at December 14, 2017

WILLFUL DISOBEDIENCE DOES NOT ARISE WHERE THE EMPLOYEE’S REFUSAL TO OBEY THE ORDER IS NOT CHARACTERIZED BY WRONGFUL OR PERVERSE ATTITUDE

Willful disobedience, as a just cause for the dismissal of an employee, necessitates the concurrence of at least two requisites: The employee’s assailed conduct must have […]

December 16, 2017

Published by Atty Elvin B. Villanueva at December 16, 2017

PETITION FOR CERTIORARI CANNOT BE DISMISSED FOR BEING FILED BEYOND THE PERIOD PRAYED FOR IN THE MOTION FOR EXTENSION IF IT IS STILL WITHIN THE 60-DAY REGLEMENTARY PERIOD

Petition for certiorari shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration […]

December 21, 2017

Published by Atty Elvin B. Villanueva at December 21, 2017

APPEAL FROM THE DECISION OF THE VOLUNTARY ARBITRATOR SHALL BE MADE WITHIN TEN DAYS AND NOT FIFTEEN DAYS FROM RECEIPT OF DECISION

Appeal of the VA decision to the CA must be filed within 10 days since Article 262-A of the Labor Code expressly provides that the award […]

error: Content is protected !!