Managerial Employees Archives

May 16, 2017

Published by Atty Elvin B. Villanueva at May 16, 2017

FOR INCLUSION OF DISQUALIFIED EMPLOYEES IN A UNION, THE PROPER PROCEDURE FOR AN EMPLOYER IS TO FILE A PETITION FOR CANCELLATION OF CERTIFICATE OF REGISTRATION DUE TO MISREPRESENTATION

Asian Institute of Management vs. Asian Institute of Management Faculty Association G.R. No. 207971, January 23, 2017 Facts: Asian Institute of Management (AIM) is a duly […]

April 26, 2018

Published by Atty Elvin B. Villanueva at April 26, 2018

MORAL DAMAGES SHOULD BE AWARDED FOR DISMISSAL THAT IS PRE-DETERMINED OR WITH CONSCIOUS AND INTENTIONAL DESIGN TO DO A WRONGFUL ACT

Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

COMPANY PRACTICE EXISTS IF THE ACT OF EXTENDING BENEFITS HAS BEEN PRACTICED FOR A LONG PERIOD OF TIME AND SHOWN TO BE CONSISTENT AND DELIBERATE

Company practice or policy to exist, it must be proven that the act of extending benefits of the CBA to managerial employees must have been practiced […]

October 3, 2018

Published by Atty Elvin B. Villanueva at October 3, 2018

LOSS OF TRUST AND CONFIDENCE ARISES WHERE THE MANAGERIAL EMPLOYEE TRANSFERS FUNDS WITHOUT AUTHORITY ALTHOUGH THEY WERE NOT MADE FOR PERSONAL USE

Loss of trust and confidence will validate an employee’s dismissal when it is shown that: (a) the employee concerned holds a position of trust and confidence; […]