May 22, 2020

STRONG WORDS OF EMPLOYER DO NOT NECESSARILY MAKE WORKING ENVIRONMENT UNBEARABLE

Strong words from the employer do not necessarily make the working environment unbearable. When these are uttered without palpable reason or are expressed only for the […]
May 23, 2020

LABOR-ONLY CONTRACTING IS PRESUMED FOR FAILURE TO REGISTER IN THE PROPER REGIONAL OFFICE OF THE DEPARTMENT OF LABOR (DOLE)

Labor-only contracting is prohibited. Contractors are required to register with the appropriate regional office of the Department of Labor and Employment (DOLE). Failure to register gives […]
May 25, 2020

TERMINATION OVER ACTS PERTAINING TO EFFECTIVITY OF A MINISTER AS A CHARISMATIC LEADER OF A RELIGIOUS CONGREGATION IS NOT WITHIN THE JURISDICTION OF THE LABOR ARBITER

Termination of a religious minister’s engagement at a local church due to administrative lapses, when it relates to the perceived effectivity of a minister as a […]
May 27, 2020

LOSS OF TRUST AND CONFIDENCE IS VALID FOR THE LAPSES AND INEFFICIENCIES IN DUTIES OF MANAGERIAL EMPLOYEE

Loss of trust and confidence as a ground for dismissal of employees requires that two conditions must be satisfied: (1) the employee concerned must be holding […]
May 29, 2020

WILLFUL DISOBEDIENCE ARISES WHEN AN EMPLOYEE UNJUSTIFIABLY REFUSES TO PROVIDE BUSINESS INFORMATION TO THE COMPANY’S CEO

Willful disobedience requires the concurrence of the following: the employee’s assailed conduct has been willful or intentional, the willfulness being characterized by a “wrongful and perverse […]
June 5, 2020

REINSTATEMENT OF PREVENTIVELY SUSPENDED WORKER WHO WAS EXONERATED IS NOT SATISFIED BY MERE “DESIRE TO REINSTATE”

Reinstatement of an employee who was cleared of charges that were the bases of preventive suspension is the duty of the employer failing which there can […]
June 16, 2020

TRANSFER OF AN EMPLOYEE TO A BRANCH WHERE THE COMPANY DEEMS BEST SUITED FOR HER IS NOT CONSTRUCTIVE DISMISSAL

Transfer of an employee is part of management prerogative. The company has the right to re-assign the employee to a branch she is best suited based […]
June 20, 2020

PERMANENT AND TOTAL DISABILITY ARISES BY OPERATION OF LAW FOR LACK OF FINAL AND DEFINITIVE ASSESSMENT

Permanent and total disability arises by operation of law for failure to satisfy the two requisites must concur for a determination of a seafarers medical condition: […]
June 30, 2020

EMPLOYEE IS DEEMED REGULAR, AND NOT PROJECT, IF CONTINUOUSLY REHIRED BY FOR THE SAME TASKS, WHICH ARE VITAL, NECESSARY AND INDISPENSABLE TO THE USUAL BUSINESS OR TRADE OF THE EMPLOYER

Employee who has been: (1) continuously, as oppose to intermittently, rehired by the same employer for the same tasks or nature of tasks; and (2) these […]
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