September 8, 2018

ABANDONMENT OF WORK CANNOT BE DEEMED TO EXIST WHERE THE EMPLOYEE WAS ASKED TO TURNOVER THE FILES AND ACTUALLY DID SO

Abandonment of work can fall as gross and habitual neglect of duties under the Labor Code, which is a just cause for termination of employment. There […]
February 14, 2021

SERIOUS MISCONDUCT ARISES WHEN THE EMPLOYEE COPIES CONFIDENTIAL INFORMATION TO CREATE FALSE NARRATIVE AGAINST THE EMPLOYER

Serious misconduct as ground for valid dismissal requires: (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing […]
October 11, 2021

TRUCK DRIVER ON PER TRIP BASIS CAN BE REGULAR EMPLOYEE

Regular employment occurs when there is employer-employee relationship and the employee has been with the company for at least six (6) months and/or has been engaged […]
June 5, 2022

AN INDIVIDUAL ENGAGED FOR HER UNIQUE SKILLS, EXPERTISE, AND TALENT IS AN INDEPENDENT CONTRACTOR

An independent contractor is one who carries on a distinct and independent business and undertakes to perform the job, work, or service on their own account […]
June 10, 2022

LIBERAL INTERPRETATION OF THE RULES IS PRIMARILY GRANTED TO EMPLOYEES AND NOT EMPLOYER

The liberality of procedural rules is  qualified by two requirements: (1) a party should adequately explain any delay in the submission of evidence; and (2) a […]
December 15, 2022

Burden of Proof in Illegal Dismissal Cases where the Employer Denies Termination

It is axiomatic that in illegal dismissal cases, the employer bears the burden of proving that the termination was for a valid or authorized cause. However, […]
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