March 11, 2017

EMPLOYEE MUST PROVE CLAIM OF COMPANY PRACTICE OF HIGHER RETIREMENT BENEFIT

Galang vs. BOIE Takeda Chemicals, Inc., G.R. No. 183934. July 20, 2016 Facts: Respondent Boie Takeda Chemicals, Inc. (BTCI) hired petitioners Ernesto Galang and Ma. Olga […]
March 12, 2017

RELIANCE ON EQUIPOISE DOCTRINE WILL NOT DISCHARGE THE EMPLOYER’S BURDEN TO PROVE VALIDITY OF DISMISSAL

Rodfhel Baclaan Torrefiel, et al. Vs. Beauty Lane Phils., Inc./Ms. Ma. Henedina D. Tobojka, G.R. No. 214186. August 3, 2016   Facts:   Respondent Beauty Lane […]
April 11, 2017

IT IS THE LAW THAT DEFINES AND GOVERNS EMPLOYER-EMPLOYEE RELATIONSHIP

Allan Bazar vs. Carlos A. Buizol G.R. No. 198782, October 19, 2016 Facts: Respondent Carlos Ruizol was a mechanic at Norkis Distributors and assigned at the […]
June 13, 2017

ILLNESS DEVELOPED DURING THE COURSE OF EMPLOYMENT RESULTING IN DISABILITY ENTITLES THE SEAFARER TO COMPENSATION

Illness contracted or developed in the course of employment, if duly proven by the employee, entitles him to compensation. In the following case, the Supreme Court […]
June 22, 2017

VERIFICATION REQUIRES SIGNATURE OF COMPLAINANTS; HOWEVER, INCOMPLETE SIGNATURE IS NOT FATAL TO THE CASE

Verification attached to the pleading requires the signature of complainant/s, as a general rule. However, it is not fatal to the case if not all complainants […]
July 20, 2017

RIGHTSIZING INVOLVES REDUCTION OF THE NUMBER OF WORKERS AND RELATED FUNCTIONS ONCE THE DESIRED SIZE IS ATTAINED, ENGAGING THE SERVICES OF SERVICE CONTRACTORS DOES NOT EXPAND THE SIZE OF THE CORPORATE STRUCTURE

Rightsizing aims to trim down, streamline, or simplify the structure of the organization to the level of utmost efficiency and productivity in order to realize profit […]
July 23, 2017

CERTIORARI SHOULD BE FILED WITHIN NON-EXTENDIBLE PERIOD OF 60 DAYS FROM RECEIPT OF COUNSEL OF THE ORDER AND NOT OF PARTY

Certiorari is a prerogative writ which must be filed within 60 days from receipt of counsel of the Order. This is a non-extendible period. The reckoning […]
July 26, 2017

SALARIES AND BENEFITS ACCRUE TO WORKER ORDERED REINSTATED UNTIL REVERSAL OF SUCH DECISION BY HIGHER TRIBUNAL

Salaries and benefits should be given to an employee who was ordered reinstated by the Labor Arbiter until reversal of the latter’s decision by the higher […]
November 12, 2017

MEDICAL ASSESSMENT BY COMPANY PHYSICIAN IS NOT BINDING ON THE COURT AND MAY NOT PASS THE BURDEN TO THE SEAFARER TO PRODUCE SECOND OPINION

Medical assessment by company physician does not bind the court in deciding whether the seafarer’s illness was work-related. Thus, the Supreme Court held that: Dohle-Philman Manning […]
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