Labor Law Archives - Page 9 of 49

April 22, 2017

Published by Atty Elvin B. Villanueva at April 22, 2017

APPLICATION OF THE RES INTER ALIOS ACTA RULE AND ITS EXCEPTION IN LABOR CASES

Buenaflor Car Services, Inc. vs. David, Jr. G.R. No. 222730, November 7, 2016 Facts: Cezar David was employed as Service Manager by Buenaflor Car Services, Inc., […]

April 23, 2017

Published by Atty Elvin B. Villanueva at April 23, 2017

AS OPPOSED TO FIDUCIARY RANK-AND-FILE EMPLOYEES, A MANAGERIAL EMPLOYEE COULD BE TERMINATED ON THE GROUND OF LOSS OF CONFIDENCE BY MERE EXISTENCE OF A BASIS FOR BELIEVING THAT HE HAD BREACHED THE TRUST OF HIS EMPLOYER

How to Craft Disciplinary Notices for Loss of Trust and Confidence PJ Lhuillier, Inc. vs. Hector Oriel Cimagala Camacho G.R. No. 223073, February 22, 2017 Facts: […]

April 24, 2017

Published by Atty Elvin B. Villanueva at April 24, 2017

DEFENSE OF RESIGNATION AGAINST AN ILLEGAL DISMISSAL CASE MUST BE PROVED BY CLEAR, POSITIVE, AND CONVINCING EVIDENCE

Flordaliza Llanes Grande vs. Philippine Nautical Training College G.R. No. 213137, March 1, 2017 Facts: Philippine Nautical Training College (PNTC), is a private entity engaged in […]

April 25, 2017

Published by Atty Elvin B. Villanueva at April 25, 2017

CLAIM OF FRAUD AND MISREPRESENTATION IN UNION REGISTRATION SHOULD BE SUPPORTED WITH CIRCUMSTANCES AND EVIDENCE

De Ocampo Memorial Schools, Inc. vs. Bigkis Manggagawa sa De Ocampo Memorial School, Inc. G.R. No. 192648, March 15, 2017 Facts: De Ocampo Medical Schools, Inc. […]

April 26, 2017

Published by Atty Elvin B. Villanueva at April 26, 2017

FILING OF TOTAL PERMANENT DISABILITY CLAIM PRIOR TO THE EXPIRATION OF THE 240-DAY PERIOD IS PREMATURE

TSM Shipping Phils., Inc. and/or Dampskibsselskabet Norden A/S and/or Capt. Castillo vs. Louie L. Patiño G.R. No. 210289, March 20, 2017 Facts: TSM, in behalf of […]

April 27, 2017

Published by Atty Elvin B. Villanueva at April 27, 2017

VALID DISMISSAL FOR VIOLATING THE COMPANY RULES AND REGULATIONS AGAINST GAMBLING

Universal Canning Inc., et al. vs. Court of Appeals, et al. G.R. No. 215047, November 23, 2016 Facts: Dante M. Sarosal, Francisco Dumagal. Jr., Nelson E. […]

April 29, 2017

Published by Atty Elvin B. Villanueva at April 29, 2017

EMPLOYERS SHOULD FOCUS ON HAVING VALID EMPLOYMENT AGREEMENTS AND NOT WORRY ABOUT “CONTRACTUALIZATION”

One of the major thrusts of the current administration is the elimination of the so-called “contractual” employees. Technically, “contractual” as […]

May 3, 2017

Published by Atty Elvin B. Villanueva at May 3, 2017

IT IS AN ERROR FOR LABOR TRIBUNAL TO AWARD TOTAL PERMANENT DISABILITY BENEFITS CONTRARY TO A PARTIAL DISABILITY FINDING OF PHYSICIANS

Jebsens Maritime, Inc., et al. vs. Florving G. Rapiz G.R. No, 218871. January 11, 2017 Facts: Jebsens Maritime, Inc. (Jebsens, et al), on behalf of its […]

May 4, 2017

Published by Atty Elvin B. Villanueva at May 4, 2017

CAN A BARANGAY CAPTAIN ENTERTAIN COMPLAINTS AGAINST AN EMPLOYER AND COMPEL ATTENDANCE OF PARTIES?

For instance, A is employed as a factory worker in a warehouse in Barangay Mapalastik. His employer is B, a Filipino-Chinese, whose business involves manufacturing of […]

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