backwages Archives - EBV Law Office

March 25, 2017

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

REVERSAL OF THE DECISION OF THE LABOR ARBITER TERMINATES THE DUTY OF EMPLOYER TO REINSTATE EMPLOYEE

Manila Doctors College and Teresita O. Turla Vs. Emmanuel M. Olores G.R. No. 225044. October 3, 2016 Facts: Respondent was a faculty member of petitioner Manila […]

March 31, 2017

Published by Atty Elvin B. Villanueva at March 31, 2017

INVOKING TERMINATION OF HOUSEHOLD SERVICE UNDER Art. 150 of Labor Code IS EVIDENCE OF DISMISSAL

Valenzuela vs. Alexandra Mining and Oil Ventures, Inc. G.R. No. 222419, October 5, 2016 Facts: Valenzuela sued for non-payment of backwages, overtime pay, separation pay, moral […]

May 9, 2017

Published by Atty Elvin B. Villanueva at May 9, 2017

COMPUTATION OF SEPARATION PAY AND BACKWAGES WHERE REINSTATEMENT IS DISPUTED IS UP TO THE DATE OF FINALITY OF THE DECISION

C.I.C.M. Mission Seminaries School of Theology, Inc., Fr. Romeo Nimez, CICM vs. Maria Veronica C. Perez G.R. No. 220506, January 18, 2017 Facts: This controversy is […]

September 1, 2017

Published by Atty Elvin B. Villanueva at September 1, 2017

WILLFUL BREACH OF TRUST AS GROUND FOR DISMISSAL OF MANAGERIAL EMPLOYEE REQUIRES ONLY MERE EXISTENCE OF THE BASIS FOR BELIEVING THAT THE EMPLOYEE HAS BREACHED THE TRUST OF EMPLOYER

Willful breach of trust requires only mere existence of a basis for believing that the employee has breached the trust and confidence of the employer” for […]

September 7, 2017

Published by Atty Elvin B. Villanueva at September 7, 2017

BACKWAGES SHOULD BE COMPUTED BASED ON LAST SALARY AND SHOULD NOT INCLUDE INCREASES DURING THE PENDENCY OF THE CASE

Backwages shall be pegged at the wage rate at the time of the employee’s dismissal, unqualified by any deductions and increases. United Coconut Chemicals, Inc. vs. […]

November 4, 2017

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

GRACEFUL EXIT IS NOT REPREHENSIBLE OR ILLEGAL WHEN THE EMPLOYER GRANTS THE EMPLOYEE A CHANCE TO RESIGN AND SAVE FACE RATHER THAN SMEAR THE LATTER’S EMPLOYMENT RECORD

Graceful exit is perfectly within the discretion of employer. It is settled that there is nothing reprehensible or illegal when the employer grants the employee a […]

January 6, 2018

Published by Atty Elvin B. Villanueva at January 6, 2018

REDUNDANCY CRITERIA SHOULD NOT BE LIMITED TO STATUS, EFFICIENCY, OR PROFICIENCY; EMPLOYER MAY RESORT TO USING OTHER INDICATORS IN DETERMINING WHO WILL REMAIN WITH THE COMPANY UPON DOWNSIZING ITS PAYROLL

Redundancy criteria in ascertaining what positions are to be declared redundant must be determined for validity of redundancy. While this is a management prerogative, in this […]

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 […]

January 31, 2018

Published by Atty Elvin B. Villanueva at January 31, 2018

13TH MONTH PAY, SILP, and COLA THAT ARE PART OF BACKWAGES CANNOT BE AWARDED IF TERMINATION IS NOT ILLEGAL

13th month pay, SILP and COLA that were awarded by the NLRC and the CA refer to the benefits that complainants would be entitled to had […]