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 18, 2017

NOT EVERY CASE OF INSUBORDINATION OR WILLFUL DISOBEDIENCE BY AN EMPLOYEE REASONABLY DESERVES THE PENALTY OF DISMISSAL

Leo T. Maula vs. Ximex Delivery Express, Inc. G.R. No. 207838, January 25, 2017 Facts: Leo T. Maula (Maula) claims that he was hired by Ximex […]
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 […]
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, […]
September 4, 2022

A BLANKET NO-SPOUSE EMPLOYMENT POLICY DISCRIMINATORY

No-spouse employment policy is illegal where it fails to meet the two elements required for its validity. A bona fide occupational qualification requires the concurrence of […]
September 19, 2022

CLAIM OF CONSTRUCTIVE DISMISSAL AGAINST DEFENSE OF ABANDONMENT OF WORK

Cornworld Breeding Systems Corporation vs. Hon. Court of Appeals G.R. No. 204075, August 17, 2022 In constructive dismissal cases, the employer is, concededly, charged with the […]
September 28, 2022

TOTALITY OF INFRACTIONS PRINCIPLE REQUIRES OFFENSES TO BE RELATED

The totality of infractions or the number of violations committed during the period of employment shall be considered in determining the penalty to be imposed upon […]
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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