June 9, 2018

POST-EMPLOYMENT MEDICAL EXAMINATION POSES UPON AN EMPLOYER THE IMPLIED OBLIGATION TO CONDUCT EXAMINATION WITHIN THREE (3) DAYS

Alfredo Mallari Magat vs. Interorient Maritime Enterprises, Inc., et al. G.R. No. 232892, April 4, 2018 Post-employment medical examination, which must be conducted within three (3) […]
June 20, 2018

RETIREMENT PLAN LOWERING THE COMPULSORY RETIREMENT AGE SHOULD SHOW EXPRESS CONSENT OF EMPLOYEE

Retirement plan may provide for compulsory retirement lower than 65 years of age. Hence, this must expressly bear the consent of the employee. Alfredo F. Laya, […]
July 19, 2018

REGLEMENTARY PERIOD TO FILE PETITION FOR CERTIORARI CANNOT BE EXTENDED FOR FAILURE TO OBTAIN SCHEDULE WITH PHILIPPINE EMBASSY TO SUBSCRIBE A DOCUMENT

Reglementary period to file petition for certiorari before the Court of Appeals (CA) is 60 days. This is subject to very limited exceptions allowing extension of […]
July 21, 2018

BURDEN OF PROOF ON EMPLOYER TO PROVE VALIDITY OF DISMISSAL IS NOT A MAGIC SPELL THAT WOULD WIN THE DAY FOR COMPLAINANT

Burden of proof in termination cases is upon employer to show just cause for termination of employment. However, such a burden arises only if the complaining […]
July 24, 2018

TENURE GRANTED IN A CBA TO A PROFESSOR NOT QUALIFIED UNDER THE LAW IS NULL AND VOID

Security of tenure conferred upon the professors by the CBA between the parties despite the fact that it is contrary to the mandate of the law […]
July 26, 2018

PERMANENT DISABILITY BENEFIT FILED BEFORE THE EXPIRATION OF 240 DAYS AND WHILE THE SEAFARER WAS STILL UNDER TREATMENT IS PREMATURE

Permanent disability refers to the seafarer’s incapacity to perform his customary sea duties for more than 120 days. If the maritime complaint was filed prior to […]
July 31, 2018

DISABILITY BENEFITS CANNOT BE AWARDED IF THE SEAFARER FAILS TO PROVE CAUSAL CONNECTION BETWEEN HIS WORK AND HIS ILLNESS

Disability benefits can be awarded only when disability is compensable under the above POEA-SEC. Two elements must concur for disability to be compensable: (1) the injury […]
August 2, 2018

LABOR OBLIGATIONS OF OPERATING COMPANY CANNOT EXTEND TO A HOLDING COMPANY IN A VALID CORPORATE SPIN-OFF

Labor obligations must be complied by employers. However, where the original corporation validly created a spin-off entity the labor obligation of the subsidiary cannot extend to […]
August 2, 2018

STARE DECISIS DOES NOT APPLY WHERE THE FACTS ARE NOT ON ALL FOURS WITH THE PRIOR CASE

University of the East and Dr. Ester Garcia vs. Veronica M. Masangkay G.R. No. 226727, April 25, 2018 Stare decisis; Stare decisis does not arise where […]
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