December 15, 2022

Burden of Proof in Illegal Dismissal Cases where the Employer Denies Termination

It is axiomatic that in illegal dismissal cases, the employer bears the burden of proving that the termination was for a valid or authorized cause. However, […]
December 12, 2022

AN ILLNESS THAT IS AGGRAVATED BY NATURE OF WORK ALTHOUGH NOT LISTED AS OCCUPATIONAL ILLNESS MAY BE COMPENSABLE

Social Security System vs. Simacas G.R. No. 217866, June 20, 2022 Sickness; The Labor Code defines sickness as “any illness definitely accepted as an occupational disease […]
October 10, 2022

Quantum of Proof in Illegal Dismissal Cases

It is a well-established rule that the party who alleges the existence of a fact or thing necessary to establish a claim has the burden of […]
October 7, 2022

MOTION TO REDUCE BOND IN LABOR CASES

If an employer loses a labor case and there is a judgment award involving the monetary claims of the employee, the employer has to post a […]
September 28, 2022

TOTALITY OF INFRACTIONS PRINCIPLE REQUIRES OFFENSES TO BE RELATED

The totality of infractions or the number of violations committed during the period of employment shall be considered in determining the penalty to be imposed upon […]
September 19, 2022

CLAIM OF CONSTRUCTIVE DISMISSAL AGAINST DEFENSE OF ABANDONMENT OF WORK

Cornworld Breeding Systems Corporation vs. Hon. Court of Appeals G.R. No. 204075, August 17, 2022 In constructive dismissal cases, the employer is, concededly, charged with the […]
September 5, 2022

FAILURE OF THE SEAFARER TO REGULARLY REPORT TO THE COMPANY PHYSICIAN SHALL RESULT IN FORFEITURE OF THE DISABILITY BENEFIT

In the course of the treatment, the seafarer shall also report regularly to the company-designated physician specifically on the dates as prescribed by the company-designated physician […]
September 4, 2022

A BLANKET NO-SPOUSE EMPLOYMENT POLICY DISCRIMINATORY

No-spouse employment policy is illegal where it fails to meet the two elements required for its validity. A bona fide occupational qualification requires the concurrence of […]
July 10, 2022

INTRODUCTION OF EVIDENCE IN APPELLATE COURT AND NATURE OF PETITION FOR REVIEW ON CERTIORARI

As a rule, the Court of Appeals (CA) or the appellate court for that matter does not allow presentation of evidence. In Maralit vs. Philippine National […]
July 6, 2022

IMMUTABILITY OF JUDGMENT IN LABOR CASES WHERE PETITION FOR CERTIORARI IS FILED BEFORE THE COURT OF APPEALS

The fact that a decision of the NLRC is final and executory does not mean that a special civil action for certiorari may not be filed […]
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