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, […]
July 6, 2022

IMMUTABILITY OF JUDGMENT IN LABOR CASES WHERE PETITION FOR CERTIORARI IS FILED BEFORE THE COURT OF APPEALS

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 […]
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 […]
December 12, 2022

AN ILLNESS THAT IS AGGRAVATED BY NATURE OF WORK ALTHOUGH NOT LISTED AS OCCUPATIONAL ILLNESS MAY BE COMPENSABLE

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 […]
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, […]
October 3, 2023

SETTLED RULES ON COMPLIANCE WITH VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

Citing Altres vs. Empleo (594 Phil. 246 (2008), the Supreme Court, in the case of Bulanon vs. Mendco Development Corporation (G.R. No. 219637, April 26, 2023), […]
December 15, 2023

EXECUTION OF THE COMPROMISE AGREEMENT AND EFFECT ON CLAIM OF EXEMPTION FROM LABOR LIABILITY

Waivers and quitclaims executed by employees are generally frowned upon for being contrary to public policy. This is based on the recognition that employers and employees […]
December 18, 2023

RELAXATION OF THE RULE ON MANDATORY POSTING OF BOND IN NLRC APPEAL

As a rule, the posting of bond equivalent to monetary award is mandatory for the perfection of appeal. Appeals involving monetary awards are perfected only upon […]
December 27, 2023

SEXUAL HARASSMENT AND ITS DEVELOPMENT AS WOMEN PROTECTION IN THE WORKPLACE

Republic Act No. 7877, otherwise known as the Anti-Sexual Harassment Act of 1995, was the first criminal statute enacted in the Philippines to penalize sexual harassment. […]
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