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Tag - dismissal

13 Jun

Dismissal Requires Observance of Due Process and Applies Even to Those Who Have Limited Security of Tenure

Dismissal is a crucial decision that affects both the employer and the employee. On the part of the latter, it impacts on his livelihood. Hence, procedural due process is required to be observed to prepare the individual on the eventual separation. The requirement of due process is not limited to regular employees. It also applies to all forms of employment that are not permanent in nature such as seasonal, project, casual, etc. Seasonal employees unlike the regular workers do not enjoy [...]

By Labor Law , 22 Comments Read more...
28 Mar

In Case Where there was No Dismissal and No Abandonment of Work, the Employee Should be Reinstated

If Reinstatement is not Possible, Grant Separation Pay The employer denies having dismissed the employee and the worker also denies having abandoned his work. How should this situation be resolved? This is the case of Dee Jay’s Inn and Cafe vs. Rañeses. The Court held in this case that where the employee was neither found to have been dismissed nor to have abandoned his/her work, the general course of action is for the Court to dismiss the complaint, direct the employee to [...]

By Labor Law, Uncategorized , 17 Comments Read more...
22 Feb

EMPLOYER’S MANAGEMENT PREROGATIVE AND THE BASES OF RIGHTS

While the 1987 Constitution and the Labor Code do not have an equivalent provision expressly upholding the rights of employer, several decisions of the Supreme Court recognize employer’s rights as well. These rights are contained in management prerogative. While the State affords the constitutional blanket of rendering protection to labor, it must also protect the right of employers to exercise what are clearly management prerogatives, so long as the exercise is without abuse of discretion. Courts often decline to interfere in [...]

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21 Feb

WILLFUL DISOBEDIENCE AS GROUND FOR DISMISSAL

Balais vs. Se’lon by Aimee G.R. No. 196557, June 15, 2016 Facts: Balais narrated that he was Salon de Orient’s senior hairstylist and make-up artist when respondent Amelita Revilla (Revilla) took over the business. Revilla, however, retained his services as senior hairstylist and make-up artist. Under the new management, Salon De Orient became Se’lon by Aimee and respondent Alma Belarmino (Belarmino) was appointed as its salon manager, who was in-charge of paying the employees’ wages, dismissing erring employees, and exercising control [...]

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