constructive dismissal Archives

February 27, 2017

Published by Atty Elvin B. Villanueva at February 27, 2017

REDUCTION OF WORK HOURS MAY AMOUNT TO CONSTRUCTIVE DISMISSAL

Intec Cebu Inc., et al. Vs. Hon. Court of Appeals, et al. G.R. No. 189951, June 22, 2016 Reduction of work week as basis of constructive […]

March 15, 2017

Published by Atty Elvin B. Villanueva at March 15, 2017

FAILURE TO REASSIGN SECURITY OFF-DETAILED GUARDS AFTER THE LAPSE OF SIX MONTHS AMOUNTS TO CONSTRUCTIVE DISMISSAL

Soliman Security Services, Inc. vs. Sarmiento, et al. G.R. No. 194649. August 10, 2016 Facts: The case stemmed from the complaint filed by respondents security guards […]

May 26, 2017

Published by Atty Elvin B. Villanueva at May 26, 2017

MERE COMPLIANCE WITH STANDARD PROCEDURES OR PROCESSES, SUCH AS THE COMPLETION OF EXIT INTERVIEWS, NEITHER NEGATES COMPULSION NOR INDICATES VOLUNTARINESS IN RESIGNATION

Saudi Arabian Airlines (Saudia) and Brenda J. Betia Vs. Ma. Jopette M. Rebesencio Montassah B. Sacar-Adiong, et al. G.R. No. 198587, January 14, 2015 Facts: Respondents […]

September 12, 2017

Published by Atty Elvin B. Villanueva at September 12, 2017

CONSTRUCTIVE DISMISSAL WILL NOT ARISE IF THE NOTICE TO RETURN TO WORK INCLUDES DEPLOYMENT TO SPECIFIC CLIENT

Constructive dismissal results if the floating status of the security guard extends beyond six (6) months. Thus, the security guard must be assigned to a specific […]

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 7, 2018

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

SECRETARY’S CERTIFICATE IS SUFFICIENT TO ESTABLISH THE AUTHORITY OF INDIVIDUAL TO REPRESENT A CORPORATION IN A SUIT

Secretary’s Certificate attached to the Petition is sufficient proof of the authority of the individual to file the said Petition in behalf of the corporation and […]

January 7, 2018

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

CONSTRUCTIVE DISMISSAL ARISES WHEN THE EMPLOYER FAILS TO RE-ASSIGN THE EMPLOYEE AFTER THE LATTER SERVED HIS SUSPENSION

Constructive dismissal is defined as a “cessation of work because continued employment is rendered impossible, unreasonable or unlikely.” Similarly, there is constructive dismissal “when an act […]

April 22, 2018

Published by Atty Elvin B. Villanueva at 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 […]

August 29, 2019

Published by Atty Elvin B. Villanueva at August 29, 2019

REDUNDANCY IS VALID WHERE GOOD FAITH IS DULY ESTABLISHED AS EVIDENCED BY THE ACCEPTANCE OF THE DECISION OF EMPLOYER AND WITH EMPLOYEE NEGOTIATING FOR SEPARATION PAY PACKAGE

Redundancy exists when the service of an employee is in excess of what is reasonably demanded by the actual requirements of the business. A redundant position […]