March 28, 2017

EQUIPOISE DOCTRINE IN LABOR CASES

Dee Jay’s Inn and Cafe vs. Rañeses G.R. No. 191823. October 5, 2016 Facts: DJIC was registered under Republic Act No. 9178 or the Barangay Micro […]
March 30, 2017

EMPLOYMENT CONTRACT MAY ESTABLISH MOTIVE BEHIND EMPLOYEE DISMISSAL; EXEMPTION FROM 13TH MONTH PAY OF WORKERS ON TASK BASIS

Nate Casket Maker vs. Arango, et al. G.R. No. 192282. October 5, 2016 Facts: Petitioners Armando and Anely Nate are the owners/proprietors of A. Nate Casket […]
March 31, 2017

TERMINATION BY EMPLOYEE DOES NOT ENTITLE HIM TO SEPARATION PAY

Perez vs. Comparts Industries, Inc. G.R. No. 197557. October 5, 2016 Facts: [Perez] started her employment with [CII] on 16 July 1988. On 10 January 2009 […]
March 31, 2017

INVOKING TERMINATION OF HOUSEHOLD SERVICE UNDER Art. 150 of Labor Code IS EVIDENCE OF DISMISSAL

Valenzuela vs. Alexandra Mining and Oil Ventures, Inc. G.R. No. 222419, October 5, 2016 Facts: Valenzuela sued for non-payment of backwages, overtime pay, separation pay, moral […]
April 2, 2017

HOLDING THE DIRECTOR PERSONALLY LIABLE AFTER THE DECISION HAD BECOME FINAL WILL VIOLATE IMMUTABILITY OF JUDGMENT

Lazada vs. Mendoza G.R. No. 196134, October 12, 2016 Facts: Respondent Magtanggol Mendoza was employed as a technician by VSL Service Center, a single proprietorship, owned […]
April 3, 2017

DOLE Requires Companies to Include in their Code of Conduct/CRR the Analogous Causes for Termination

The Labor Code enumerates the ground for dismissal of employees under Article 297 [formerly Article 282]. The enumeration is general in nature which means it does […]
April 4, 2017

A SUPERVISOR WITHOUT DIRECT PARTICIPATION IN THEFT MAY BE HELD LIABLE FOR FAILURE TO PERFORM HIS DUTIES

Publico vs. Hospital Managers, Inc. G.R. No. 209086. October 17, 2016 Facts: Publico was employed to work at Cardinal Santos Memorial Center (CSMC) in 1989, and […]
April 5, 2017

REGISTRATION WITH SSS IS AN ADMISSION THAT THERE IS EMPLOYER-EMPLOYEE RELATIONSHIP

Lu vs. Enopia, et al. G.R. No. 197899, March 6, 2017 Facts: Enopia and others were hired from January 20, 1994 to March 20, 1996 as […]
April 8, 2017

ABANDONMENT IS A MATTER OF INTENTION; THE EMPLOYER BEARS THE BURDEN OF PROOF

Brown vs. Marswin Marketing, Inc. and Sany Tan G.R. No. 206981, March 15, 2017 Facts: Marswin employed Brown as electrician; during his eight-month stay, Marswin received […]
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