• 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
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  • 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

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  • Burden of proof to show dismissal for cause rest upon employer
  • Abandonment of work cannot be presumed from equivocal acts
  • Elements of abandonment
  • Award of attorney’s fees in action for recovery of wages or illegal dismissal
  • Elements of valid retrenchment
  • Position of a cashier requires high degree of trust and confidence
  • “Ample reason to distrust” sufficient basis to dismiss employee occupying position of trust and confidence
  • Subcontractual employees directed to continue their duty after termination of contract become employee of the principal
  • Mere absence of employee not sufficient to prove abandonment of work
  • Burden of proof to show compliance with two notices requirement
  • Where to serve notice in case of abandonment of work […]
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Due process cannot be dispensed with despite wider discretion in terminating managerial and confidential employees. Although employers have wider latitude of discretion in terminating a managerial employee, it is nonetheless settled that confidential and managerial employees cannot be arbitrarily dismissed at any time, and without cause as reasonably established in an appropriate investigation. Such employees, […]

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Appeal from NLRC to Court of Appeals; Who may sign pleading. The rule (Section 3, Rule 7 of the Rules of Civil Procedure) allows the pleading to be signed by either the party to the case or the counsel representing that party. A petition and motion for reconsideration (filed before the Court of Appeals) signed […]

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Voluntary company practice; Rationale. To be considered a company practice, the giving of the benefits should have been done over a long period of time, and must be shown to have been consistent and deliberate. The test or rationale of this rule on long practice requires an indubitable showing that the employer agreed to continue […]

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Regional Director; Jurisdiction over monetary claims; Exceptions clause. The power of the Regional Director to hear and decide the monetary claims of employees is not absolute. The last sentence of Article 128 (b) of the Labor Code, otherwise known as the “exception clause,” provides an instance when the Regional Director or his representatives may be […]

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