February 1, 2012
If there is voluntary resignation and waiver or quitclaim, there can be no illegal dismissal. This is illustrated in this case of Tessie.
Tessie was a flight attendant of a Mideast airline company (Saudia) having been hired on May 13, 1986. During the course of her employment she was assigned to work at the Manila Office although the nature of her work entailed regular flights from Manila to Jeddah, Saudi Arabia and back. Read the rest of this entry »
December 7, 2011
What is the punishment for employees who joined an illegal strike? This is answered in this case of the 121 employees of a multipurpose livelihood cooperative and a motor corporation (MMLC and SMC) who joined a labor union (KMLMS). Of these employees 14 became union officers while 107 were union members. Read the rest of this entry »
November 3, 2011
THE government may search an employee’s office computer without violating his constitutional right to privacy, even if it does so without a warrant, the Supreme Court ruled last month. Read the rest of this entry »
November 2, 2011
In illegal dismissal cases, it must be shown that there was in fact a dismissal. This is the argument raised by Vic.
Vic was the owner of a moviehouse. One of his employees was Dario who had been hired as electrician/air-conditioner operator sometime in January 1983 receiving below the minimum wage salary of only P97 per day. Read the rest of this entry »
October 5, 2010
June 3, 2010
This is another case illustrating that a final decision can no longer be modified. This is the case of Lito who was hired as technical salesman by a company engaged in the distribution of various chemicals from foreign suppliers (MTI). After more than six years of employment, MTI terminated Lito’s services on July 15, 1997. Read the rest of this entry »
May 5, 2010
April 20, 2010
This is another case of resignation amounting to constructive dismissal. The test applied here is whether a reasonable person in the employee’s position would have felt compelled to give up his position under the circumstances. This is the case of Magno. Read the rest of this entry »
March 30, 2010
This is another case regarding compensability of permanent and total disability due to illness that is not listed as occupational disease but has been considered work related. This is the case of Lino. Read the rest of this entry »
March 25, 2010
This case is about the back-wages and separation pay of an illegally dismissed employee. The question raised here is from what date up to what date these monetary awards shall be computed. This is the case of Al. Read the rest of this entry »
