Cases: Moonlighting

Cases: Moonlighting

1. Moonlighting a. Unauthorized use of company time Capitol Wireless, Inc. v. BalagotG.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 bank]ing Corporation ([the…

Serious misconduct

Serious misconduct

1. Concept Serious misconduct must be grave and aggravated in character. The ground of serious misconduct tends to be the most commonly cited just cause for termination. Curiously, it also happens to be most frequently misapplied. This due to the fact that most labor cases involve simple or ordinary – and not serious – misconduct….

Willful disobedience

Willful disobedience

1. Concept Willful disobedience refers to insubordination. Insubordination refers to “the refusal to obey some order, which a superior is entitled to give and have obeyed. It is a willful or intentional disregard of the lawful and reasonable instructions of the employer.” (Section 4 [l], Rule I-A, DOLE D.O. No. 2015-147) If an employee disobeys…

Just Causes

Just Causes

Summary ⦁ Just causes are grounds for termination of employment due to employee violations. ⦁ The employer is justified dismissing an employee for just cause. ⦁ There are standards for each just cause set or prescribed by Supreme Court Decisions or Jurisprudence, as well as DOLE regulations. ⦁ There are analogous causes to just causes…

Procedural Due Process

Procedural Due Process

Summary ▪ Procedural due process is divided into just cause procedure or authorized cause procedure. ▪ Just cause procedure refers to the process for termination of employment due to just causes. ▪ Authorized cause procedure refers to the process for separation of employment due to authorized causes. ▪ If there is no procedural due process,…

Substantive Due Process

Substantive Due Process

Summary ▪ Substantive due process is divided into just causes or authorized causes. ▪ Just causes are grounds for termination of employment. ▪ Authorized causes are grounds for separation from employment. ▪ If there is no substantive due process, i.e. no just cause or authorized cause, the employer may be held liable for illegal dismissal….

Establishment Termination Report

Establishment Termination Report

Summary The Establishment Termination Report covers: flexible work arrangement / alternative work scheme; temporary closure; retrenchment / reduction of workforce; and permanent closure. Applicable laws, regulations DOLE Labor Advisory No. 17-A, Series of 2020 (DOLE LA 17-A-20) Compliance Report The DOLE RKS Form 5, Series of 2020, otherwise known as the Establishment Termination Report, “shall…