An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as the health of his co-employees. (Art. 284, LC) Requisites for termination on the ground of disease. The employee suffers […]

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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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  • Need for Writ of Execution
  • Policy of the Law
  • Duty to Implement Reinstatement is Ministerial
  • Effect of Refusal of Employer to Reinstate Employee
  • Option of Payroll Reinstatement
  • Effect of Reversal on Appeal
  • The Refund Doctrine (Genuino case)
  • Immediate Execution of Reinstatement Order by Labor Arbiter
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  • Right to Reinstatement
  • Reinstatement Meaning
  • Remedy when Reinstatement is no Longer Possible
  • Doctrine of “Strained Relations” Concept
  • Right to Backwages
  • Backwages Meaning
  • Effect of Failure to Claim Backwages
  • Computation of Backwages
  • Methods of Computing Backwages
  • Illegal Dismissal Without Backwages
  • Separation Pay
  • Amount of Separation Pay: Formula
  • Cases
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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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  • Requirements of Procedural Due Processs
  • Criteria in Selection of Employee to be Dismissed
  • Payment of Separation Pay
  • Effects of Termination
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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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