Labor Law Archives - Page 31 of 49

August 28, 2018

Published by Atty Elvin B. Villanueva at August 28, 2018

TECHNICALITY SUCH AS DEFECTS IN A PLEADING IS NOT SUFFICIENT GROUND TO DISMISS PETITION WHERE THE DIFFERENCE BETWEEN THE LOWER COURTS’ DECISIONS IS SUBSTANTIAL DEMANDING APPLICATION OF JUSTICE AND FAIR PLAY

Technicality shall not prevail over substantial justice. Defects in a pleading could not be a justifiable cause so as to deny application of justice and fair […]

September 2, 2018

Published by Atty Elvin B. Villanueva at September 2, 2018

EMPLOYER HAS THE OBLIGATION TO REFER TO THIRD DOCTOR THE CONFLICTING FINDINGS OF COMPANY-DESIGNATED PHYSICIAN AND PRIVATE PHYSICIAN IF THE SEAFARER HAS SIGNIFIED HIS INTENTION TO RESOLVE SUCH CONFLICT

Employer and seafarer may agree jointly to refer to a third doctor if a doctor appointed by the seafarer disagrees with the assessment of the company-designated […]

September 4, 2018

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

APPEAL FROM THE LABOR ARBITER DECISION IS NOT ALLOWED DURING EXECUTION BUT ONE FILED MAY BE CONSIDERED A VERIFIED PETITION TO PREVENT INJUSTICE TO AN ILLEGALLY DISMISSED EMPLOYEE

Appeal from an order issued by a Labor Arbiter in the course of execution proceedings is a prohibited pleading under Rule 5, Section 5 of the […]

September 4, 2018

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

STRAINED RELATIONS MAY BE INVOKED ONLY AGAINST EMPLOYEES WHOSE POSITIONS DEMAND TRUST AND CONFIDENCE

Strained relations must be demonstrated as a fact. It must be adequately supported by substantial evidence showing that the relationship between the employer and the employee […]

September 6, 2018

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

BURDEN TO REFER CASE TO THIRD DOCTOR IS SHIFTED TO EMPLOYER UPON NOTICE BY SEAFARER DISPUTING COMPANY DOCTOR’S FINDINGS

Aldrine B. Ilustricimo vs. NYK-Fil Ship Management, Inc./International Cruise Services, Ltd. and/or Josephine J. Francisco G.R. No. 237487, June 27, 2018 Third doctor; Notification of seafarer’s […]

September 7, 2018

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

DEATH BENEFIT CANNOT BE GRANTED FOR FAILURE OF HEIRS OF SEAFARER TO PROVE THAT DEATH WAS RELATED TO HIS WORK

Death benefits to be granted, the heirs of seafarer must prove that the latter’s death was work-related. This is accomplished by establishing that: (a) the cause […]

September 7, 2018

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

DISMISSAL OF A DISHONEST EMPLOYEE IS TO THE BEST INTEREST OF THE EMPLOYER AND LABOR

Dismissal of an employee should observe both substantive and procedural due process requirements. Dishonesty of a managerial employee renders her liable for dismissal. Thus, the SC […]

September 8, 2018

Published by Atty Elvin B. Villanueva at September 8, 2018

ABANDONMENT OF WORK CANNOT BE DEEMED TO EXIST WHERE THE EMPLOYEE WAS ASKED TO TURNOVER THE FILES AND ACTUALLY DID SO

Abandonment of work can fall as gross and habitual neglect of duties under the Labor Code, which is a just cause for termination of employment. There […]

September 12, 2018

Published by Atty Elvin B. Villanueva at September 12, 2018

FRAUD AS BASIS FOR PIERCING THE VEIL OF CORPORATE FICTION DOES NOT EXIST WHERE THE TRANSFER OF ASSETS WAS PURSUANT TO A PREVIOUSLY PERFECTED VALID CONTRACT

Maricalum Mining Corporation vs. Ely G. Florentino, et al./Ely G. Florentino, et al. vs. National Labor Relations Commission, et al. G.R. No. 221813/G.R. No. 222723, July […]

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