strained relations Archives

March 18, 2017

Published by Atty Elvin B. Villanueva at March 18, 2017

COMPLAINANT MUST PRESENT SUBSTANTIAL EVIDENCE OF DISMISSAL; REINSTATEMENT NOT PROPER WHEN THERE ARE STRAINED RELATIONS

HSY Marketing Ltd., Co. vs. Villastique G.R. No. 219569, August 17, 2016 Facts: Petitioner hired respondent as a field driver for Fabulous Jeans & Shirt & […]

March 31, 2017

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

INVOKING TERMINATION OF HOUSEHOLD SERVICE UNDER Art. 150 of Labor Code IS EVIDENCE OF DISMISSAL

Valenzuela vs. Alexandra Mining and Oil Ventures, Inc. G.R. No. 222419, October 5, 2016 Facts: Valenzuela sued for non-payment of backwages, overtime pay, separation pay, moral […]

January 25, 2018

Published by Atty Elvin B. Villanueva at January 25, 2018

REINSTATEMENT WITHOUT BACKWAGES IS THE PROPER REMEDY WHERE EMPLOYEES WERE NOT ILLEGALLY DISMISSED AND DID NOT ALSO ABANDON THEIR JOBS

Reinstatement without backwages is the remedy if the employees were not illegally dismissed but also did not abandon their jobs. Where reinstatement was already impossible by […]

February 9, 2018

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

STRAINED RELATIONS, AS A REMEDY AGAINST REINTATEMENT ORDER, DO NOT APPLY IN POSITION NOT REPOSED WITH TRUST AND CONFIDENCE

Strained relations must be demonstrated as a fact. The doctrine of strained relations should not be used recklessly or applied loosely nor be based on impression […]

September 4, 2018

Published by Atty Elvin B. Villanueva at September 4, 2018

APPEAL FROM THE LABOR ARBITER DECISION IS NOT ALLOWED DURING EXECUTION BUT ONE FILED MAY BE CONSIDERED A VERIFIED PETITION TO PREVENT INJUSTICE TO AN ILLEGALLY DISMISSED EMPLOYEE

Appeal from an order issued by a Labor Arbiter in the course of execution proceedings is a prohibited pleading under Rule 5, Section 5 of the […]

September 4, 2018

Published by Atty Elvin B. Villanueva at September 4, 2018

STRAINED RELATIONS MAY BE INVOKED ONLY AGAINST EMPLOYEES WHOSE POSITIONS DEMAND TRUST AND CONFIDENCE

Strained relations must be demonstrated as a fact. It must be adequately supported by substantial evidence showing that the relationship between the employer and the employee […]

July 22, 2020

Published by Atty Elvin B. Villanueva at July 22, 2020

STRAINED RELATIONS DOCTRINE APPLIES WHEN, ALTHOUGH THE EMPLOYEE DOES NOT OCCUPY A POSITION OF TRUST, THERE IS DEMONSTRATED LITIGIOUSNESS BETWEEN THE PARTIES

Strained relations must be applied based on the following considerations: (1) the employee must occupy a position where he or she enjoys the trust and confidence […]