• 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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  • Procedural Due Process
  • Service of Notices
  • Opportunity to Respond
  • Requirements for First Notice (NTE)
  • Effect of Refusal of Employee to Participate in Investigation
  • Effects or Consequences of Termination
  • Cases

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  • Fraud Meaning
  • Breach of Trust Meaning
  • Elements of Loss of Confidence
  • Fraud or Breach must be in Connection to Employee’s Work
  • Employee must Hold Position of Trust and Confidence
  • Title not Conclusive Indicator of Trust and Confidence
  • Breach of Trust must be Willful
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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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