May 28, 2017

TERMINATION PROCEDURE DUE TO CLOSURE SHOULD BE COMPLIED WITH OTHERWISE, IT CAN BE CONSTRUED AS INDICATION OF BAD FAITH

Termination due to closure requires proof as basis thereof. The Supreme Court held in the following case that non-compliance of the termination procedure may indicate bad […]
August 25, 2017

RETURN TO UNIT OF SECURITY GUARD FOR UPDATE OF DOCUMENTS FOR RE-ASSIGNMENT IS NOT DISMISSAL FROM SERVICE

Return to unit directive of the agency to security guards on account of replacement of guards by the client is not constructive dismissal. Case filed before […]
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 […]
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 […]
April 22, 2018

REDUCTION OF WORKDAYS THAT IS UNILATERAL AND ARBITRARY MAY RESULT IN CONSTRUCTIVE DISMISSAL

Reduction of workdays should comply with the DOLE issued Department Advisory No. 2, Series of 2009 on requirement that the employer should notify DOLE of the […]
April 28, 2018

ILLEGAL DISMISSAL ARISES WHEN RELIEVED SECURITY GUARDS ARE NOT GIVEN NEW ASSIGNMENT

Illegal dismissal occurs when security guards who were relieved from duties were not given new assignment. Facts: Respondents, Flores, et al. (Flores, et al.) were security […]
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 […]
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