retrenchment Archives - EBV Law Office

June 6, 2017

Published by Atty Elvin B. Villanueva at June 6, 2017

RES JUDICATA DOES NOT APPLY WHERE ONE CASE INVOLVES DISMISSAL DUE TO ILLEGAL STRIKE AND THE OTHER DISMISSAL DUE TO RETRENCHMENT

Res judicata literally means ‘a matter adjudged; a thing judicially acted upon or decided; [or] a thing or matter settled by judgment.’” Res judicata “lays the rule […]

July 19, 2017

Published by Atty Elvin B. Villanueva at July 19, 2017

STARE DECISIS DOCTRINE APPLIES WHEN THE ONLY DIFFERENCE BETWEEN THE FIRST LABOR CASE AND THE SECOND ONE IS THE DATE OF TERMINATION OF EMPLOYMENT

Stare decisis means that when a court has laid down a principle of law as applicable to a certain state of facts, it will adhere to […]

July 20, 2017

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

FINANCIAL STATEMENTS THAT ARE INCOMPLETE BUT DULY EXPLAINED BY EXTERNAL AUDITOR AND ACCOMPANIED BY CONSOLIDATED STATEMENTS CAN PROVE VALIDITY OF RETRENCHMENT

Financial statements must be presented to prove validity of retrenchment based on losses. However, the fact that the FS is incomplete but clearly explained by the […]

July 20, 2017

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

RIGHTSIZING INVOLVES REDUCTION OF THE NUMBER OF WORKERS AND RELATED FUNCTIONS ONCE THE DESIRED SIZE IS ATTAINED, ENGAGING THE SERVICES OF SERVICE CONTRACTORS DOES NOT EXPAND THE SIZE OF THE CORPORATE STRUCTURE

Rightsizing aims to trim down, streamline, or simplify the structure of the organization to the level of utmost efficiency and productivity in order to realize profit […]

October 31, 2017

Published by Atty Elvin B. Villanueva at October 31, 2017

CONCLUSIVENESS OF JUDGMENT OR ISSUE PRECLUSION PRINCIPLE REQUIRES ONLY IDENTITIES OF PARTIES TO OPERATE

Conclusiveness of judgment requires only the identities of parties and issues. Absolute identity of parties is not required, shared identity of interest is sufficient to invoke […]

March 29, 2018

Published by Atty Elvin B. Villanueva at March 29, 2018

RETRENCHMENT DUE TO SERIOUS FINANCIAL LOSSES MAY BE ESTABLISHED NOT SOLELY BY AUDITED FINANCIAL STATEMENT

Retrenchment or downsizing is a mode of terminating employment initiated by the employer through no fault of the employee and without prejudice to the latter, resorted […]

April 6, 2018

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

FASAP CASE RESOLVED BY THE SUPREME COURT

FASAP, or the Flight Attendants and Stewards Association of the Philippines, has long been fighting the case of illegal retrenchment against PAL. The case has caught […]

June 9, 2018

Published by Atty Elvin B. Villanueva at June 9, 2018

RETRENCHMENT IS ILLEGAL WHERE CRITERION OF HIGHEST PAID EMPLOYEE WAS MADE TO PREVAIL OVER SENIORITY

Retrenchment is normally resorted to by management during periods of business reverses and economic difficulties occasioned by such events as recession, industrial depression, or seasonal fluctuations. […]

July 3, 2022

Published by Atty Elvin B. Villanueva at 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, […]