• Employee found guilty of habitual absenteeism and tardiness not entitled to economic assistance
  • “No work no pay” scheme is not significant in determining employer-employee relationship
  • Requirement for appeals involving monetary award
  • Admissibility of evidence submitted for the first time on appeal
  • Permanent disability and Total disability; Meaning
  • Dismissal based on grounds not alleged in the notice of termination not necessarily illegal
  • Dismissal of corporate officer falls under the jurisdiction of regular courts not NLRC
  • Labor-only contracting; Pure supply of manpower to assist in sales and distribution of products is prohibited as labor-only contracting
  • Suspension of labor-claims during corporate rehabilitation
  • Drug-Free Workplace Policy; Importance of confirmatory test after drug test
  • POEA Standard Employment Contract; Permanent disability defined
  • POEA Standard Employment Contract; Compensation and benefits for injury or illness; Effect of failure of seafarer to submit himself for medical examination within 3 days from repatriation
  • Executory character of assumption and certification order
appeal bond, assumption order, certification order, constructive dismissal, drug-free workplace policy, economic assistance, employer-employee relationship, financial assistance, habitual absenteeism, labor-only contracting, money claims, no work no pay, nominal damages, notice of termination, permanent disability, POEA Standard Employment Contract, prescription, return to work order, separation pay, serious misconduct, tardiness, total disability, willful disobedience
  • Drug use in employer’s premises constitutes serious misconduct
  • Lack of written notices entitles employee to award of nominal damages
  • Simple misconduct does not merit employee’s dismissal from service
  • Proof that employer acted maliciously or in bad faith not necessary for award of attorney’s fees
  • When transfer of employee is tantamount to constructive dismissal
  • Loss of confidence must be based on a willful breach of trust to justify dismissal
  • Willful breach of trust; Definition
  • “Doctrine of strained relations”; Requirements for application of the doctrine
  • When corporate officer may be deemed employee of the company
  • Ibid.; Jurisdiction over money claims
  • Labor claims cannot proceed pending rehabilitation of employer-corporation

breach of trust, company ID, constructive dismissal, doctrine of strained relations, drug-free workplace policy, loss of confidence, misconduct, money claims, nominal damages, Termination of Employment, transfer

The court has ruled in the case of Mindanao Times Corporation vs. Confesor, G.R. No. 183417, February 5, 2010, that bank deposit does not comply with the appeal bond requirement under Section 6, Rule 6, of the NLRC Rules of Procedure, viz.: Section 6. Bond. In case the decision of the Labor Arbiter or the […]

appeal bond, execution, labor arbiter, NLRC Rules of Procedure

Significance of the Case

In this landmark case, the Supreme Court, citing Brent case and Coyoca case, ruled that seafarers are considered contractual employees. They can not be considered as regular employees under Article 280 of the Labor Code. Their employment is governed by the contracts they sign everytime they are rehired and their employment is terminated when the contract expires. Their employment is contractually fixed for a certain period of time.

Significance of the Case

In this landmark case, the Supreme Court (SC) ruled that backwages due an employee on account of his illegal dismissal should not be diminished or reduced by the earnings derived by him elsewhere during the period of his illegal dismissal.

Significance of the Case

In this landmark case, the Supreme Court held that Labor officials should use every and reasonable means to ascertain the facts in each case speedily and objectively, without regard to technicalities of law or procedure, all in the interest of due process.

Significance of the Case

In this case, the Supreme Court:

  1. Discussed the requirements for termination of employment based on Article 284 of the Labor Code (“Disease as ground for termination”); and
  2. Held that voluntary acceptance of separation pay does not amount to waiver of right to ask for reinstatement.