March 15, 2017

FAILURE TO REASSIGN SECURITY OFF-DETAILED GUARDS AFTER THE LAPSE OF SIX MONTHS AMOUNTS TO CONSTRUCTIVE DISMISSAL

Soliman Security Services, Inc. vs. Sarmiento, et al. G.R. No. 194649. August 10, 2016 Facts: The case stemmed from the complaint filed by respondents security guards […]
August 25, 2017

RETURN TO UNIT OF SECURITY GUARD FOR UPDATE OF DOCUMENTS FOR RE-ASSIGNMENT IS NOT DISMISSAL FROM SERVICE

Return to unit directive of the agency to security guards on account of replacement of guards by the client is not constructive dismissal. Case filed before […]
September 12, 2017

CONSTRUCTIVE DISMISSAL WILL NOT ARISE IF THE NOTICE TO RETURN TO WORK INCLUDES DEPLOYMENT TO SPECIFIC CLIENT

Constructive dismissal results if the floating status of the security guard extends beyond six (6) months. Thus, the security guard must be assigned to a specific […]
July 16, 2019

PUTTING AN EMPLOYEE ON OFF-DETAIL STATUS IS ALSO APPLIED TO INDUSTRIES OTHER THAN SECURITY AGENCIES

The rule is settled that “off-detailing” is not equivalent to dismissal, so long as such status does not continue beyond a reasonable time and that it […]
June 5, 2020

REINSTATEMENT OF PREVENTIVELY SUSPENDED WORKER WHO WAS EXONERATED IS NOT SATISFIED BY MERE “DESIRE TO REINSTATE”

Reinstatement of an employee who was cleared of charges that were the bases of preventive suspension is the duty of the employer failing which there can […]
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