abandonment of work Archives

April 8, 2017

Published by Atty Elvin B. Villanueva at 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 […]

May 8, 2017

Published by Atty Elvin B. Villanueva at May 8, 2017

REASONABLE BOND TO POST, PENDING RESOLUTION BY THE NLRC OF A MOTION TO REDUCE BOND, IS 10% OF THE MONETARY AWARD

Turks Shawarma Company vs. Feliciano Z. Pajaron G.R. No. 207156, January 16, 2017 Facts: Turks Shawarma and Zeñarosa hired Feliciano J. Pajaron as service crew and […]

June 28, 2017

Published by Atty Elvin B. Villanueva at June 28, 2017

ABANDONMENT IS A MATTER OF INTENTION. AN EMPLOYEE WHO REPORTED TO WORK AFTER DETENTION HAS NO INTENTION TO SEVER TIES WITH EMPLOYER

Abandonment of work is one of the grounds for dismissal of employees. However, the employer should prove that the employee’s absence was unjustified and he had […]

July 3, 2017

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

ABANDONMENT OF WORK CANNOT EXIST IF THERE IS HIGH IMPROBABILITY OF ABANDONMENT ON THE PART OF THE EMPLOYEE

Abandonment of work is a matter of intention. High improbability of abandonment on the part of employee belies the fact of abandon of work. The Supreme […]

August 8, 2017

Published by Atty Elvin B. Villanueva at August 8, 2017

ABANDONMENT DOES NOT EXIST WHERE THE EMPLOYEE LEFT THE PREMISES TO ALLOW ANIMOSITY WITH EMPLOYER TO SUBSIDE AND LATER INSISTED TO REPORT TO WORK

Abandonment is a matter of intention. The employer has to prove the employee unjustifiably refused to report to work and had not intention of returning to […]

January 4, 2018

Published by Atty Elvin B. Villanueva at January 4, 2018

EMPLOYEE DISMISSAL ARISES WHERE EMPLOYEE WAS ASKED TO MAKE THE TURNOVER

Employee dismissal arises when the employee was told about the turnover. It simply connotes “to transfer”, “to yield” or “to return.” In employment parlance, the word […]

January 17, 2018

Published by Atty Elvin B. Villanueva at January 17, 2018

INTENTION TO SEVER EMPLOYMENT IS ABSENT FROM NON-COMPLIANCE WITH THE RETURN-TO-WORK NOTICES, AFTER FILING AN ILLEGAL DISMISSAL CASE, AND CRUMPLING OF THE FIRST RETURN-TO-WORK NOTICE

Intention to sever employment is one of the grounds to justify the dismissal of an employee. Thus, the Supreme Court held in a November 8, 2017 […]

January 25, 2018

Published by Atty Elvin B. Villanueva at January 25, 2018

REINSTATEMENT WITHOUT BACKWAGES IS THE PROPER REMEDY WHERE EMPLOYEES WERE NOT ILLEGALLY DISMISSED AND DID NOT ALSO ABANDON THEIR JOBS

Reinstatement without backwages is the remedy if the employees were not illegally dismissed but also did not abandon their jobs. Where reinstatement was already impossible by […]

February 7, 2018

Published by Atty Elvin B. Villanueva at February 7, 2018

ABANDONMENT OF WORK IS NOT AUTOMATICALLY NEGATED BY THE FILING OF ILLEGAL DISMISSAL COMPLAINT

Abandonment of work is a matter of intention. While it is true that in certain instances the filing of illegal dismissal complaint is inconsistent with employer’s […]