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July 1, 2022
Published by Atty Elvin B. Villanueva at July 1, 2022
The Labor Arbiter who has jurisdiction over the labor dispute is guided by the 2011 NLRC Rules of Procedure as to the conduct of proceedings in […]
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July 3, 2022
Published by Atty Elvin B. Villanueva at July 3, 2022
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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July 6, 2022
Published by Atty Elvin B. Villanueva at July 6, 2022
The fact that a decision of the NLRC is final and executory does not mean that a special civil action for certiorari may not be filed […]
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September 4, 2022
Published by Atty Elvin B. Villanueva at September 4, 2022
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 […]
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September 19, 2022
Published by Atty Elvin B. Villanueva at September 19, 2022
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 […]
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October 7, 2022
Published by Atty Elvin B. Villanueva at October 7, 2022
If an employer loses a labor case and there is a judgment award involving the monetary claims of the employee, the employer has to post a […]
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October 10, 2022
Published by Atty Elvin B. Villanueva at October 10, 2022
It is a well-established rule that the party who alleges the existence of a fact or thing necessary to establish a claim has the burden of […]
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December 12, 2022
Published by Atty Elvin B. Villanueva at December 12, 2022
Social Security System vs. Simacas G.R. No. 217866, June 20, 2022 Sickness; The Labor Code defines sickness as “any illness definitely accepted as an occupational disease […]
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December 15, 2022
Published by Atty Elvin B. Villanueva at December 15, 2022
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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