Labor Law Archives - Page 24 of 49

December 21, 2017

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

MEDICAL ABANDONMENT ARISES WHERE THE SEAFARER FAILS TO COMPLETE HIS TREATMENT BEFORE THE LAPSE OF THE 240-DAY PERIOD

Medical abandonment will result in incomplete assessment and the filing of complaint prior to the lapse of the 240-day period shall be premature. Thus, the SC […]

December 29, 2017

Published by Atty Elvin B. Villanueva at December 29, 2017

MISCONDUCT THAT IS ALREADY PENALIZED WITH SUSPENSION CANNOT BE PENALIZED FURTHER WITH EMPLOYEE DISMISSAL

Misconduct is defined as an improper or wrong conduct. It is a transgression of some established and definite rule of action, a forbidden act, a dereliction […]

January 3, 2018

Published by Atty Elvin B. Villanueva at January 3, 2018

DISABILITY GRADING RENDERED BY COMPANY-DESIGNATED PHYSICIAN WITHIN THE 240-DAY RULE BINDS THE COURT IF THE SEAFARER FAILS TO QUESTION THROUGH THE POEA-SEC PROCEDURE

Disability grading and assessment by the company-designated physician rendered within the specified period binds the Court as the seafarer never questioned such diagnosis in accordance with […]

January 4, 2018

Published by Atty Elvin B. Villanueva at January 4, 2018

EMPLOYEE DISMISSAL ARISES WHERE EMPLOYEE WAS ASKED TO MAKE THE TURNOVER

Employee dismissal arises when the employee was told about the turnover. It simply connotes “to transfer”, “to yield” or “to return.” In employment parlance, the word […]

January 6, 2018

Published by Atty Elvin B. Villanueva at January 6, 2018

REDUNDANCY CRITERIA SHOULD NOT BE LIMITED TO STATUS, EFFICIENCY, OR PROFICIENCY; EMPLOYER MAY RESORT TO USING OTHER INDICATORS IN DETERMINING WHO WILL REMAIN WITH THE COMPANY UPON DOWNSIZING ITS PAYROLL

Redundancy criteria in ascertaining what positions are to be declared redundant must be determined for validity of redundancy. While this is a management prerogative, in this […]

January 7, 2018

Published by Atty Elvin B. Villanueva at January 7, 2018

SECRETARY’S CERTIFICATE IS SUFFICIENT TO ESTABLISH THE AUTHORITY OF INDIVIDUAL TO REPRESENT A CORPORATION IN A SUIT

Secretary’s Certificate attached to the Petition is sufficient proof of the authority of the individual to file the said Petition in behalf of the corporation and […]

January 7, 2018

Published by Atty Elvin B. Villanueva at January 7, 2018

CONSTRUCTIVE DISMISSAL ARISES WHEN THE EMPLOYER FAILS TO RE-ASSIGN THE EMPLOYEE AFTER THE LATTER SERVED HIS SUSPENSION

Constructive dismissal is defined as a “cessation of work because continued employment is rendered impossible, unreasonable or unlikely.” Similarly, there is constructive dismissal “when an act […]

January 11, 2018

Published by Atty Elvin B. Villanueva at January 11, 2018

UNSIGNED REPORTS AND MEDICAL ISSUANCES HAVE NO PROBATIVE WEIGHT

Unsigned report, per SC, cannot have any evidentiary value, as it is self-serving and of dubious character. In Asuncion v. National Labor Relations Commission, the SC […]

January 17, 2018

Published by Atty Elvin B. Villanueva at January 17, 2018

INTENTION TO SEVER EMPLOYMENT IS ABSENT FROM NON-COMPLIANCE WITH THE RETURN-TO-WORK NOTICES, AFTER FILING AN ILLEGAL DISMISSAL CASE, AND CRUMPLING OF THE FIRST RETURN-TO-WORK NOTICE

Intention to sever employment is one of the grounds to justify the dismissal of an employee. Thus, the Supreme Court held in a November 8, 2017 […]

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