The employee – a College Dean – initiated a constructive dismissal case after she refused to be transferred from her position as Dean of the College of Physical Therapy (which was closed due to low enrollment) to having a teaching load in the College of Nursing. The employer arrived at this management decision considering that…
Gloria and Joy were hired respectively as sales clerk and header by the employer, a shop. Sometime thereafter, they were allegedly dismissed from service for no reason and made to sign quitclaims in exchange for separation pay – Php15,000.00 to Gloria and Php4,000.000 to Joy. Thereafter, they filed for illegal dismissal. In response, the employer…
The employees were hired as seafarers/fishermen by the employers, a group of foreign fishing companies operating at the coastal and offshore area of Cape Verde Islands. Sometime thereafter, fishing operations ceased resulting in the separation of the employees who signed quitclaims in exchange for full settlement amounts, which were higher than those provided under Philippine…
The employee was hired as a security guard by the employer, a security service provider. After inquiring from the employer’s client whether their backwages were already paid to the employer, he was allegedly relieved from his post and never given another assignment. In exchange for paying his money claims, he was allegedly instructed to copy…
The employee was hired as a medical representative and then became a product manager of the employer, a pharmaceutical company. Sometime thereafter, the employer announced a merger with another company and thus “the employees were advised to keep their options open and to look for other jobs.” Being a family man, the employee looked for…
Inocente v. St. Vincent Foundation for Children and Aging, Inc.G.R. No. 202621, 22 June 2016 [The employer] St. Vincent Foundation for Children and Aging, Inc., is a non-stock, non-profit foundation engaged in providing assistance to children and aging people and conducting weekly social and educational activities among them. It is financially supported by the Kansas…
Quitclaims, waivers, releases (collectively referred herein as “quitclaims”) are legal documents signed by employees who absolve their employees from any and all liability
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement (or separation pay in lieu of reinstatement) 3) Moral Damages 4) Exemplary Damages 5) Nominal Damages 6) 10% Attorney’s Fees 7) Solidary Liability for Corporate Officers Of all the possible labor complaints, illegal dismissal carries…
Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law. ▪ Illegal dismissal may result in reinstatement, full backwages, moral damages, exemplary damages, nominal damages, and attorney’s fees. 1. Concept Illegal dismissal is the termination of employment or separation from employment without complying with due…
A DOLE Inspection Report is a notice of results issued by a DOLE inspector after conducting an inspection or audit over an establishment. The report is commonly known as “DOLE Findings.”