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Constructive Dismissal
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…
Cases: Management Prerogative
Labor jurisprudence on management prerogative
Fraud or Willful Breach of Trust
1. Concept Fraud is deceit. The commission of fraudrefers to “any act, omission, or concealment which involves a breach of a legal duty, trust or confidence just reposed, and is injurious to another.” (Section 4 (i), Rule I-A, DOLE D.O. No. 2015-147) The commission of fraud implies “bad faith of the employee in failing to…
Domingo v. Rayala (2008)
Domingo v. Rayala, G.R. No. 155831, 155840, and 158700, February 18, 2008, Per Nachura, J. • On November 16, 1998, [M.L.] Domingo (Domingo), then Stenographic Reporter III at the NLRC, filed a Complaint for sexual harassment against [then NLRC Chairman] Rayala x x x • To support the Complaint, Domingo executed an Affidavit narrating the…
Due Process in Labor Law
Summary ▪ Due process implements the constitutional provisions on security of tenure. ▪ It is about complying with the substantive due process and procedural due process. ▪ Termination of employment is different from separation from employment. ▪ Procedural due process is different for just cause and authorized cause. ▪ Non-compliance with due process may result…
Cases: Contracting via Individuals as Independent Contractors
These are the related Labor Law Cases or Jurisprudence. 1. Concept a. Unique skills and talents Sonza v. ABS-CBN Broadcasting Corporation G.R. No. 138051, 10 June 2004 Independent contractors often present themselves to possess unique skills, expertise or talent to distinguish them from ordinary employees. The specific selection and hiring of [Complainant], because of his…
