March 22, 2020

FRAUDULENT MISREPRESENTATION BY THE SEAFARER ARISES WHEN HE FAILED TO DECLARE HIS HYPERTENSION DURING THE PRE-EMPLOYMENT MEDICAL EXAMINATION (PEME)

Fraudulent misrepresentation arises from concealment of a pre-existing medical condition. For knowingly concealing his hypertension during the PEME, a seafarer committed fraudulent misrepresentation which unconditionally bars […]
May 18, 2020

RETIREMENT POLICY THAT LOWERS THE COMPULSORY RETIREMENT AGE REQUIRES EXPRESS CONSENT OF THE EMPLOYEE

Retirement is the result of a bilateral act of the parties, a voluntary agreement between the employer and the employee whereby the latter, after reaching a […]
July 3, 2022

ACCEPTANCE OF SEPARATION PAY DOES NOT ESTOP THE EMPLOYEE FROM FILING THE ACTION FOR ILLEGAL RETRENCHMENT

Separation pay is required for valid retrenchment. However, when the employee accepts separation but thereafter files a case for illegal dismissal challenging the validity of retrenchment, […]
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