Summary ▪ Constructive dismissal refers to a quitting because continued employment is rendered impossible, unreasonable or unlikely; as, an offer involving a demotion in rank and a diminution in pay. ▪ Constructive dismissal is a form of illegal dismissal. 1. Concept “Constructive dismissal” – refers to “[a] quitting because continued employment is rendered impossible, unreasonable…
1. Concept “Agabon doctrine” – refers to jurisprudential rule that the dismissal of employees for just causes or authorized causes but without observance of procedural due process will be upheld subject to the employer being liable for nominal damages. (See: Agabon v. NLRC, En Banc, G.R. No. 158693, 17 November 2004) Otherwise stated, so long…
1. Management prerogative ABAPO v. CA, G.R. No. 114952, 29 January 1996 [Background] • Sometime in 1991, [the Company] conducted a viability study of its business operations and adopted a modernization program. Respondent then brought into the Mandaue plant high-speed machines to be used in the manufacture of its beer. These machines were installed in…
1. Concept If employees win an illegal dismissal case, the default remedy is for them to be reinstated back to work. However, it is possible that the employees and/or the employers may ask the court that they part ways due to strained relations between them. If granted by the court, the employee is deemed separated…
1. Moonlighting a. Unauthorized use of company time Capitol Wireless, Inc. v. Balagot G.R. No. 169016, 31 January 2007 [BACKGROUND] At around 3:35 p.m. of May 9, 2000, the director of [the employer’s] Human Resource Department (HRD) saw, to his surprise, [the employee] at the Head Office at Paseo de Roxas, Makati of the [the…
Summary ▪ The National Labor Relations Commission (NLRC) has original and exclusive jurisdiction of certain labor cases. ▪ There are requirements to perfect an NLC appeal. 1. Concept The NLRC is “is a quasi-judicial body tasked to promote and maintain industrial peace by resolving labor and management disputes involving both local and overseas workers through…
Summary ▪ The Labor Arbiter has original and exclusive jurisdiction of certain labor cases. ▪ The jurisdiction of the Labor Arbiter is different from the DOLE Regional Director. ▪ The Labor Arbiter’s order of reinstatement is immediately executory. 1. Concept Labor Arbiter – resolves labor complaints before the National Labor Relations Commission (NLRC). 2. Labor…
Summary ▪ The Secretary of the Department of Labor and Employment (DOLE Secretary) has jurisdiction over certain cases. ▪ The DOLE Secretary has visitorial and enforcement powers. 1. Concept The Secretary of the Department of Labor and Employment (DOLE Secretary) has jurisdiction over certain cases. 2. DOLE Secretary’s Jurisdiction a. Original jurisdiction 1) Assumption of…
Summary ▪ The National Conciliation and Mediation Board (NCMB) formulates policies, develops plans and programs and sets standards and procedures relative to the promotion of conciliation and mediation of labor disputes through the preventive mediation, conciliation and voluntary arbitration. ▪ It also facilitates labor-management cooperation through joint mechanisms for information sharing, effective communication and consultation…
Summary ▪ The employers and employees may agree to resolve their labor dispute before voluntary arbitrators. 1. Concept Voluntary arbitrators are appointed by both the employer and employee to resolve their labor dispute. Voluntary arbitrators are usually private individuals who are known of their integrity and competence in a certain field or industry. 2. Voluntary…