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

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 […]
March 2, 2017

REPEATED FAILURE TO REACH MONTHLY SALES QUOTA CONSTITUTES GROSS INEFFICIENCY

Puncia vs. Toyota Shaw G.R. No. 214399 June 28, 2016 Gross inefficiency Puncia’s repeated failure to perform his duties -i.e., reaching his monthly sales quota -for […]
March 23, 2017

THERE IS NO IMPLIED DISMISSAL OF EMPLOYEES INVOLVED IN A MERGER OF COMPANIES

There being no implied dismissal, demand for payment of separation pay is not proper The Geothermal, Employees Union Vs. Unocal Philippine, Inc. G.R. No. 190187. September […]
April 12, 2017

UNION OFFICERS WHO INDUCE MEMBERS NOT TO WORK OVERTIME (SLOWDOWN STRIKE) MAY BE DISMISSED FROM SERVICE

Ramirez vs. Polyson Industries, Inc. G.R. No. 207898, October 19, 2016 Facts: Respondents received a notice of hearing from the DOLE with respect to the petition […]
November 20, 2017

UNION OFFICER CANNOT BE TERMINATED BASED ON PROVISIONS ON IMPEACHMENT OF UNION OFFICERS

Union officers cannot be removed from membership and thereafter terminated from employment based on provisions on impeachment. No specific provisions on termination justify the dismissal. United […]
May 31, 2019

EMPLOYEE CAN BE VALIDLY DISMISSED FOR VIOLATION OF UNION SECURITY CLAUSE; PARALLEL TREATMENT OF VIOLATION WITH JUST CAUSE

Employee who violates the union security clause provision in the CBA may be validly dismissed. Due process must be observed by the employer. Thus, the SC […]
September 18, 2019

EMPLOYMENT RIGHTS OF FAMILY DRIVERS ARE NOT GOVERNED BY THE LABOR CODE

Family drivers’ employment rights are governed by the Civil Code and not the Labor Code. Section 44 of Republic Act No. 10361, otherwise known as the […]
October 3, 2019

FIGHTING TO BE GROUND FOR DISMISSAL SHOULD BE ROOTED IN WORKPLACE DYMANICS

Fighting is a serious misconduct and is a ground for dismissal under the law. Misconduct is generally defined as “a transgression of some established and definite […]
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