termination Archives - EBV Law Office

February 18, 2017

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

BREACH OF TRUST AS BASIS FOR DISMISSAL; VALID TRANSFER

Sonia F. Mariano Vs. Martinez Memorial Colleges, Inc., et al. G.R. No. 194119. April 13, 2016 Facts: Martinez Memorial Colleges, Inc. (MMC) is a private educational […]

February 22, 2017

Published by Atty Elvin B. Villanueva at February 22, 2017

DISCLOSURE OF PASSWORD BY BANK PERSONNEL MAY BE GROUND FOR DISMISSAL DUE TO LOSS OF TRUST AND CONFIDENCE

PHILIPPINE SAVINGS BANK, Petitioner, vs. MANUEL P. BARRERA G.R. No. 197393, June 15, 2016 Facts: Petitioner is a banking institution organized and existing under the laws […]

February 23, 2017

Published by Atty Elvin B. Villanueva at February 23, 2017

SUBSTANTIAL PROOF, AND NOT CLEAR AND CONVINCING EVIDENCE OR PROOF BEYOND REASONABLE DOUBT, IS SUFFICIENT AS BASIS FOR DISMISSAL

Ting Trucking/Mary Violaine A. Ting Vs. John C. Makilan G.R. No. 216452. June 20, 2016 Facts: Petitioner Ting Trucking is a sole proprietorship owned by Mary […]

May 28, 2017

Published by Atty Elvin B. Villanueva at May 28, 2017

TERMINATION PROCEDURE DUE TO CLOSURE SHOULD BE COMPLIED WITH OTHERWISE, IT CAN BE CONSTRUED AS INDICATION OF BAD FAITH

Termination due to closure requires proof as basis thereof. The Supreme Court held in the following case that non-compliance of the termination procedure may indicate bad […]

October 5, 2017

Published by Atty Elvin B. Villanueva at October 5, 2017

TERMINATION DUE TO CLOSURE ON THE GROUND OF LOSSES CANNOT BE INVALIDATED ON THE MERE FACT THAT EMPLOYEES DO NOT RECOGNIZE SUCH LOSSES

Termination due to closure must be based on bona fide reason. The fact that the employees do not believe the losses does not invalidate said termination. […]

February 13, 2018

Published by Atty Elvin B. Villanueva at February 13, 2018

RETIREMENT PLAN MERELY MENTIONED IN THE LETTER OF APPOINTMENT IS NOT SUFFICIENT BASIS TO RETIRE EMPLOYEES BEFORE REACHING THE COMPULSORY AGE OF 65

Retirement plan allowing employers to retire employees before reaching the compulsory retirement age of 65 years is not per se repugnant to the constitutional guaranty of […]

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 […]

February 14, 2021

Published by Atty Elvin B. Villanueva at February 14, 2021

SERIOUS MISCONDUCT ARISES WHEN THE EMPLOYEE COPIES CONFIDENTIAL INFORMATION TO CREATE FALSE NARRATIVE AGAINST THE EMPLOYER

Serious misconduct as ground for valid dismissal requires: (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing […]

June 10, 2022

Published by Atty Elvin B. Villanueva at June 10, 2022

LIBERAL INTERPRETATION OF THE RULES IS PRIMARILY GRANTED TO EMPLOYEES AND NOT EMPLOYER

The liberality of procedural rules is qualified by two requirements: (1) a party should adequately explain any delay in the submission of evidence; and (2) a […]