dismissal Archives - EBV Law Office

February 22, 2017

Published by Atty Elvin B. Villanueva at February 22, 2017

DISCLOSURE OF PASSWORD BY BANK PERSONNEL MAY BE GROUND FOR DISMISSAL DUE TO LOSS OF TRUST AND CONFIDENCE

PHILIPPINE SAVINGS BANK, Petitioner, vs. MANUEL P. BARRERA G.R. No. 197393, June 15, 2016 Facts: Petitioner is a banking institution organized and existing under the laws […]

February 23, 2017

Published by Atty Elvin B. Villanueva at February 23, 2017

SUBSTANTIAL PROOF, AND NOT CLEAR AND CONVINCING EVIDENCE OR PROOF BEYOND REASONABLE DOUBT, IS SUFFICIENT AS BASIS FOR DISMISSAL

Ting Trucking/Mary Violaine A. Ting Vs. John C. Makilan G.R. No. 216452. June 20, 2016 Facts: Petitioner Ting Trucking is a sole proprietorship owned by Mary […]

February 24, 2017

Published by Atty Elvin B. Villanueva at February 24, 2017

THE UNION HAS NO LEGAL STANDING TO DEMAND THE REGULARIZATION OF EMPLOYEES OF JOB CONTRACTOR; LABOR-ONLY CONTRACTING

Cagayan Electric Power & Light Company, Inc. (CELPALCO), et al. Vs. CEPALCO Employee’s Labor Union-Associated Labor Unions-Trade Union Congress of the Philippines (TUCP) G.R. No. 211015/G.R. […]

February 27, 2017

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

HOW TO DETERMINE IF AN EMPLOYEE’S CONDUCT IS IMMORAL

Zaida R. Inocente Vs. St. Vincent Foundation for Children and Aging, Inc./Veronica Manguito G.R. No. 202621. June 22, 2016 Facts: Petitioner Zaida was hired as Program […]

March 30, 2017

Published by Atty Elvin B. Villanueva at March 30, 2017

EMPLOYMENT CONTRACT MAY ESTABLISH MOTIVE BEHIND EMPLOYEE DISMISSAL; EXEMPTION FROM 13TH MONTH PAY OF WORKERS ON TASK BASIS

Nate Casket Maker vs. Arango, et al. G.R. No. 192282. October 5, 2016 Facts: Petitioners Armando and Anely Nate are the owners/proprietors of A. Nate Casket […]

August 18, 2017

Published by Atty Elvin B. Villanueva at August 18, 2017

PRESUMPTION OF INNOCENCE AS APPLIED IN LABOR CASE

Presumption of innocence is a doctrine normally used in criminal cases. However, the Supreme Court in this case applied the principle in resolving the labor case. […]

October 5, 2017

Published by Atty Elvin B. Villanueva at October 5, 2017

TERMINATION DUE TO CLOSURE ON THE GROUND OF LOSSES CANNOT BE INVALIDATED ON THE MERE FACT THAT EMPLOYEES DO NOT RECOGNIZE SUCH LOSSES

Termination due to closure must be based on bona fide reason. The fact that the employees do not believe the losses does not invalidate said termination. […]

February 13, 2018

Published by Atty Elvin B. Villanueva at February 13, 2018

RETIREMENT PLAN MERELY MENTIONED IN THE LETTER OF APPOINTMENT IS NOT SUFFICIENT BASIS TO RETIRE EMPLOYEES BEFORE REACHING THE COMPULSORY AGE OF 65

Retirement plan allowing employers to retire employees before reaching the compulsory retirement age of 65 years is not per se repugnant to the constitutional guaranty of […]

February 17, 2018

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

REDUNDANCY CANNOT BE EFFECTIVE IF CARRIED OUT BY PERSONS BELONGING ONLY TO RELATED COMPANIES AND NOT BY COMPANY THAT HIRED THE EMPLOYEE

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a […]