• 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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  • 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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Serious Misconduct concept Serious misconduct is one of the just causes for termination of employee under Article 282 of the Labor Code. Misconduct has been defined as improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies […]

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Definition Just causes for dismissal of employee may be defined as those lawful or valid grounds for termination of employment which arise from causes directly attributable to the fault or negligence of the erring employee. Just causes are usually serious or grave in nature and attended by willful or wrongful intent or they reflected adversely […]

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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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