August 26, 2020

EMPLOYMENT CONTRACT IS IMBUED WITH PUBLIC INTEREST AND CANNOT BE INTERPRETED BY EMPLOYER TO THE PREJUDICE OF EMPLOYEES

Employment contract is not an ordinary contract as it is imbued with public interest. Thus, the SC held in the following case: Del Monte Fresh Produce […]
September 4, 2020

SERIOUS MISCONDUCT AS GROUND FOR DISMISSAL NEGATES THE AWARD OF SEPARATION PAY

Serious misconduct if used as ground to validly dismiss and employee, negates the award of separation pay. Thus, the SC held in the following case: Herma […]
October 4, 2020

NLRC RULES OF PROCEDURE INTERIM AMENDMENTS HIGHLIGHTS IN RESPONSE TO COVID-19

NLRC Rules of Procedure has been amended in the interim on account of the response of the government to COVID-19 threats. In essence, the amendments lessen […]
October 5, 2020

MOTION FOR RECONSIDERATION OF THE COURT OF APPEALS DECISION SHOULD BE RECKONED FROM THE DATE OF RECEIPT OF COUNSEL AND NOT OF THE PARTY

Motion for reconsideration filed of the CA decision should be reckoned from the date which the counsel received the Decision and not from the date the […]
October 18, 2020

COMPANY-DESIGNATED PHYSICIAN ASSESSMENT DOES NOT AUTOMATICALLY BECOME CONCLUSIVE AND BINDING ON THE COURT

Company-designated physician must come up with an assessment as to his fitness or unfitness to work before the expiration of the 120-day or 240-day periods. Alternatively […]
October 18, 2020

FINAL MEDICAL ASSESSMENT IS REQUIRED BEFORE REFERRAL TO THIRD DOCTOR

Final medical assessment on the seafarer’s disability grading is required to be issued to determine the extent of compensation. Thus, the SC held in the following […]
January 4, 2021

RULE PERMITTING THE FILING OF PLEADING THE NEXT WORKING DAY IF THE LAST DAY FALLS ON A SUNDAY APPLIES TO VOLUNTARY ARBITRATORS

Rule allowing the filing of pleading on the next working day if the last day falls on a Saturday, Sunday, or a Holiday applies to voluntary […]
February 11, 2021

ASSESSMENT THAT IS NOT FINAL AND DEFINITIVE RENDERS SEAFARER’S DISABILITY AS TOTAL AND PERMANENT

Assessment by the company-designated physician should be final and definitive. Without a  valid final and definitive assessment from the company-designated doctors within the 120/240-day period, as […]
February 14, 2021

SERIOUS MISCONDUCT ARISES WHEN THE EMPLOYEE COPIES CONFIDENTIAL INFORMATION TO CREATE FALSE NARRATIVE AGAINST THE EMPLOYER

Serious misconduct as ground for valid dismissal requires: (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing […]
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