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 […]
May 16, 2017

THE RIGHT OF THE EMPLOYEE TO SECURITY OF TENURE DOES NOT DEPRIVE MANAGEMENT OF ITS AUTHORITY TO TRANSFER THE EMPLOYEE

Chateu Royale Sports and Country Club, Inc. vs. Rachelle G. Balba and Marinel N. Constante G.R. No. 197492, January 18, 2017 Facts: Chateau Royale Sports and […]
August 2, 2018

LABOR OBLIGATIONS OF OPERATING COMPANY CANNOT EXTEND TO A HOLDING COMPANY IN A VALID CORPORATE SPIN-OFF

Labor obligations must be complied by employers. However, where the original corporation validly created a spin-off entity the labor obligation of the subsidiary cannot extend to […]
October 25, 2019

CONSTRUCTIVE DISMISSAL ARISES WHERE ALTHOUGH THE EMPLOYEE’S PRESENT POSITION BEARS THE APPELLATION “MANAGER,” THE RESPONSIBILITIES HE USED TO DISCHARGE AS MANAGER IN HIS FORMER POSITION HAD BEEN SIGNIFICANTLY REDUCED

Constructive dismissal occurs when there is cessation of work because continued employment is rendered impossible, unreasonable, or unlikely as when there is a demotion in rank […]
June 16, 2020

TRANSFER OF AN EMPLOYEE TO A BRANCH WHERE THE COMPANY DEEMS BEST SUITED FOR HER IS NOT CONSTRUCTIVE DISMISSAL

Transfer of an employee is part of management prerogative. The company has the right to re-assign the employee to a branch she is best suited based […]