Illegal dismissal Archives - Page 2 of 2

04 Sep

No-Spouse Employment Policy that is Discriminatory is Illegal

One Network Bank, Inc. hired Catherine as an Accounting Specialist.On May 1, 2006, it implemented what it called an “Exogamy Policy,” which stated: Effective May 1, 2006, when two employees working for One Network Bank are subsequently married through Church or Civil Court rites, one must terminate employment immediately after marriage. This policy shall not affect co-employees of the bank who are already married to each other as of the end of April 2006. On October 31, 2009, Catherine married her co-worker, [...]

By Atty Elvin Labor Law atty. elvin, bfoq, bona fide occupational qualification, Illegal dismissal, Just Cause, labor, Labor Code, labor law, no-spouse employment policy 0 Comments Read more...

01 Jun

Claim of Abandonment vs Claim of Illegal Dismissal

Contrasting allegations may be presented in court involving employee who claims to have been verbally dismissed from service and employer who denies having done so and instead alleges that the employee abandoned his job. If so, how it should be resolved? In the August 2013 case of MZR Industries vs. Colambot, the Supreme Court held, in sum: The Court recognized the rule that in illegal dis- missal cases, the employer bears the burden of proving that the termination was for a valid [...]

By Atty Elvin Labor Law abandonment, article 297, atty. elvin, employee, employer, Illegal dismissal, Just Cause, Labor Code, labor law, termination 0 Comments Read more...

14 Feb

Wrongful Intent is Required for Dismissal Due to Transgression of a Rule or Serious Misconduct

In termination cases, the burden of proof rests upon the employer to show that the dismissal is for a just and valid cause. Failure to do so would necessarily mean that the dismissal was illegal. For this purpose, the employer must present substantial evidence to prove the legality of the employee’s dismissal. Substantial evidence is defined as “such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.” The Supreme Court, in the case [...]

By Atty Elvin Labor Law atty. elvin, discipline, dismissal, employee, employer, gross and habitual neglect of duty, Illegal dismissal, labor, Labor Code, Serious Misconduct, wrongful intent 16 Comments Read more...

10 Feb

Burden of Proof in Employee Dismissal

Burden of proof in dismissal cases lies with the employer. This means that if an employee is dismissed from service, the employer has to prove that such dismissal is valid. An employee is entitled to security of tenure. Article 294 of the Labor Code provides, that: “ART. 294. Security of tenure.—In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly [...]

By Atty Elvin Labor Law atty. elvin, burden, burden of proof, dismissal, employee, employer, Employer-employee, employment, Illegal dismissal, Just Cause, labor, Labor Code 18 Comments Read more...

08 Oct

Constructive Dismissal Involving Reduced Responsibilities

Usually, constructive dismissal involves demotion in rank or diminution in pay. However, there could be constructive dismissal even though on paper there was no demotion in title or diminution in pay. To give a conceptual view, constructive dismissal exists where there is cessation of work because “continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank and a diminution in pay.” (Globe Telecom, Inc. vs. Galang, G.R. No. 150092, September 27, 2002.) There is constructive [...]

By Atty Elvin Labor Law constructive dismissal, demotion, demotion in rank, diminution in pay, employee, employer, Illegal dismissal, Just Cause, Labor Code, labor dispute, labor law, termination 18 Comments Read more...

12 Jun

Evidence Management in Company Investigation

Evidence is one of the crucial items needed in establishing a case involving violation of company rules and regulations. Considering that evidence is usually a tangible thing it can also be lost on account of being tampered or destroyed. By the time that the company needs the evidence to support its position it is not available anymore. So, what should the company do to preserve the evidence once there is an act warranting company investigation? Depending on the nature of violation [...]

By Atty Elvin Labor Law actual dismissal, atty. elvin, constructive dismissal, DOLE, Illegal dismissal, labor, labor case, Labor Code, Money claims, nlrc, RFA, SEnA 16 Comments Read more...

18 Jan

Illegal Dismissal Case and its Prescriptive Period

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Illegal dismissal arises when the employee is dismissed without just cause or authorized cause. Just causes are those listed under Article 297 of the Labor Code, as amended. Bear in mind that the list is general in scope. Thus, one must be aware of the decisions of the Supreme Court on interpretation of each of the paragraphs in said provision. See the digest of the [...]

By Atty Elvin Labor Law Illegal dismissal, Prescriptive period 16 Comments Read more...

13 Mar

Loss of Trust and Confidence should be Genuine and not Simulated

Sta. Ana was hired as outlet Teller at the off-track betting station of Manila Jockey Club, Inc. (MJCI), in Tayuman, Manila. Sta. Ana was suspected of engaging in personal lending business using the company fund and MJCI employee to run such personal business. However, she argued that she was using her own money, never had a shortage, and was not using MJCI employee to run her lending operation. Related: How to prohibit lending activity in Code of Conduct Sta. Ana added that [...]

By Atty Elvin Labor Law, Uncategorized Illegal dismissal, loss of trust and confidence, willful breach 21 Comments Read more...

Tag - Illegal dismissal