The third doctor in this case declared the claimant’s unfitness to work as a seafarer. Should the claimant be granted total permanent disability benefits?
Why was this manning agency not held liable for the seafarer’s claims despite having executed an Affidavit of Assumption of Responsibility?
Illegal Dismissal was not among the causes of action listed in the employee’s complaint filed before the NLRC. Will such absence automatically preclude the labor tribunals from resolving the same?
The employer asserted that the seafarer failed to follow the third doctor referral procedure under the POEA SEC. Did the Supreme Court consider the assertion meritorious?
The employer is charged with the burden of proving that its conduct and action are for valid and legitimate grounds and that the transfer is not unreasonable, inconvenient or prejudicial to the employee. If the employer cannot overcome this burden of proof, the employee’s transfer shall be tantamount to constructive dismissal.
Find out why this employee was declared to have been illegally dismissed from employment even when witnesses of the employer testified to the employee’s violation of company rules.
Find out why the Supreme Court pierced the corporate veil in this case.
The employee alleged that his employer asked for his resignation. Will this be enough to declare the illegality of his dismissal from employment?
Note the significance of the company-designated physician’s duty to provide a final and definite medical assessment.
Amendment to Section 12, Rule 1, Book VI of the Rules Implementing the Labor Code of the Philippines (on suspension of employment relationship).