Tag - labor case

Venue in Labor Cases, in which Place should Labor Cases be Filed

Venue in labor cases means the place, city, or location where the case should be filed. This is governed by the rules on venue under Rule IV of the 2011 NLRC Rules of Procedure, as amended. All cases which Labor Arbiters have authority to hear and decide may be filed in the Regional Arbitration Branch (RAB) having jurisdiction over the workplace of the complainant or petitioner. For purposes of venue, the workplace shall be understood as the place or locality [...]

Solidary Liability of Owners in Labor Cases

In case of dismissals, directors and officers of corporations may only be held solidarily liable with the corporation if they acted in bad faith or with malice. In Mandaue Dinghow Dimsum House, Co., Inc. vs. National Labor Relations Commission[ 571 Phil. 108 (2008)], the Supreme Court (SC) held that a corporation is invested by law with a personality separate and distinct from those of the persons composing it as well as from that of any other legal entity to [...]

Resigned Employees are not Entitled to Separation Pay

Resignation is provided under Art. 300 of the Labor Code. There is nothing in such article that mandates the payment of separation pay to resigned employee. In a case of Italkarat 18, Inc. vs. Gerasmio, (G.R. No. 221411, September 28, 2020), the Supreme Court held that as a general rule, the law does not require employers to pay employees that have resigned any separation pay, unless there is a contract that provides otherwise or there exists a company practice [...]

Claim of Involuntariness in Employee Resignation

Resignation is one of the rights granted to employees under Article 300 of the Labor Code, as amended. In the case of Italkarat 18, Inc. vs. Gerasmio (G.R. No. 221411, September 28, 2020), the Supreme Court (SC) held that records are bereft of substantial evidence that will unmistakably establish a case of constructive dismissal. An act, to be considered as amounting to constructive dismissal, must be a display of utter discrimination or insensibility on the part of the employer so [...]

Burden of Proof in Constructive Dismissal

Burden of proof is the standard required in proving a case. In cases of constructive dismissal, the burden of proof is on the employer to show that the employee was dismissed for a valid and a just cause. (Suldao vs. Cimech System Construction, Inc., G.R. No. 171392, October 30, 2006.) This means that if the employee claims he was constructively dismissed from service and sues the employer, it is the employer who must prove that the employee was not dismissed [...]

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 [...]

Labor Case Before the NLRC from the Perspective of Complainant

Labor case process is normally difficult to understand for first time litigants. In this post the process before the National Labor Relations Commission (NLRC) is being discussed for education of the parties involved. The Labor Arbiter is under the NLRC. On appeal, the Commission is usually referred to as NLRC. The discussion here is from the perspective of complainant. The respondent can also learn from this perspective as this becomes a bird’s-eye view of labor litigation. Expect the unexpected. As the [...]

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 [...]

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