Redundancy Archives - EBV Law Office

August 20, 2017

Published by Atty Elvin B. Villanueva at August 20, 2017

REDUNDANCY OF AN IT OFFICER DUE TO COMPANY’S UPGRADING AND ENHANCEMENT OF COMPUTER SYSTEM IS VALID

Redundancy is within the ambit of “management prerogative” to upgrade and enhance its computer system. The position of IT officer whose job is to maintain the […]

January 6, 2018

Published by Atty Elvin B. Villanueva at January 6, 2018

REDUNDANCY CRITERIA SHOULD NOT BE LIMITED TO STATUS, EFFICIENCY, OR PROFICIENCY; EMPLOYER MAY RESORT TO USING OTHER INDICATORS IN DETERMINING WHO WILL REMAIN WITH THE COMPANY UPON DOWNSIZING ITS PAYROLL

Redundancy criteria in ascertaining what positions are to be declared redundant must be determined for validity of redundancy. While this is a management prerogative, in this […]

February 17, 2018

Published by Atty Elvin B. Villanueva at February 17, 2018

REDUNDANCY CANNOT BE EFFECTIVE IF CARRIED OUT BY PERSONS BELONGING ONLY TO RELATED COMPANIES AND NOT BY COMPANY THAT HIRED THE EMPLOYEE

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a […]

May 22, 2019

Published by Atty Elvin B. Villanueva at May 22, 2019

REDUNDANCY TO BE VALID MUST SHOW GOOD FAITH: MERE PRESENTATION OF SELF-SERVING INTERNAL DOCUMENT AND LACK OF CRITERIA DO NOT ESTABLISH GOOD FAITH

Redundancy exists when an employee’s position is superfluous, or an employee’s services are in excess of what would reasonably be demanded by the actual requirements of […]

August 29, 2019

Published by Atty Elvin B. Villanueva at August 29, 2019

REDUNDANCY IS VALID WHERE GOOD FAITH IS DULY ESTABLISHED AS EVIDENCED BY THE ACCEPTANCE OF THE DECISION OF EMPLOYER AND WITH EMPLOYEE NEGOTIATING FOR SEPARATION PAY PACKAGE

Redundancy exists when the service of an employee is in excess of what is reasonably demanded by the actual requirements of the business. A redundant position […]

August 31, 2019

Published by Atty Elvin B. Villanueva at August 31, 2019

REDUNDANCY IS NOT VALID WHERE THE EMPLOYEE WAS TERMINATED FOR SUPERFLUITY OF FUNCTION THAT IS NOT PART OF HIS JOB DESCRIPTION

Redundancy is recognized as one (1) of the authorized causes for dismissing an employee under Article 298 of the Labor Code. Citing Wiltshire File Company, Inc. […]

November 19, 2019

Published by Atty Elvin B. Villanueva at November 19, 2019

REDUNDANCY RESULTING IN TERMINATION OF ALL EMPLOYEES OF THE ABOLISHED POSITION DOES NOT REQUIRE THE USE OF CRITERIA

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a […]

May 6, 2020

Published by Atty Elvin B. Villanueva at May 6, 2020

REDUNDANCY IMPLEMENTED AFTER CONTRACTING OUT NON-CORE OPERATIONS IS NOT WHIMSICAL OR ARBITRARY

Redundancy exists where the services of an employee are in excess or what is reasonably demanded by the actual requirements of the enterprise. Mejila vs. Wringley […]

May 6, 2020

Published by Atty Elvin B. Villanueva at May 6, 2020

NOTICE TO DOLE FIELD OFFICE, NOT TO ITS REGIONAL OFFICE, FAILS TO COMPLY WITH PROCEDURAL DUE PROCESS FOR REDUNDANCY

Notice to DOLE and the affected employees at least one month prior to the intended date of termination is required in redundancy. Mejila vs. Wringley Philippines, […]