1) Employer-employee relationship Four-fold test of employment relationship: (Salazar v. Simbajon, G.R. No. 202374, 30 June 2021) Power of Control The most important element is the employer’s control of the employee’s conduct, not only as to the result of the work to be done, but also as to the means and methods to accomplish it. […]
Author: Paulino Ungos III
Use of a Person’s HIV-Positive Condition as a Ground for Dismissal
The foreign employer relied on its country’s HIV policy when it terminated the employee’s job. Was the employer able to successfully defend itself from the employee’s illegal dismissal complaint?
LMTs for the 2023 Labor Law Bar Examination
Last-minute Tips for the 2023 Labor Law Bar Examination
Effect of the Death of a Complainant to a Pending Suit for Illegal Dismissal
In this case, find out why an illegal dismissal complaint cannot be classified like an ordinary civil action insofar as the effect of death of any of the parties is concerned.
But They Agreed to be Engaged as Independent Contractors
When the status of the employment is in dispute, the employer bears the burden to prove that the workers are independent contractors rather than regular employees.
But the Employee Assaulted a Co-Worker Inside Company Premises
The employer claimed that it dismissed its employee for just cause because the latter assaulted a co-employee within company premises. Did the Supreme Court agree with the employer’s claim?
Based on Two Supreme Court Decisions, the Contractor Is Legitimate
Can a contractor be declared legitimate based solely on the doctrine of stare decisis?
But the President’s Approval of the Grant of CBA Benefits Was Presumed Under Article 4
Was the GOCC in this case justified in suspending the implementation of the increases of salary and benefits in the renegotiated CBA?
A Liberal Interpretation of the Rules Is Primarily Granted for the Employee’s Favor
In its appeal, the employer in this case asserted that it was neither given summons relating to the employee’s amended complaint, nor notified of the scheduled hearings before the Office of the Labor Arbiter. Should it be allowed to present countervailing evidence on appeal?
Jurisdiction of the Labor Arbiter and the POEA
The employer mentioned that an order of dismissal was issued by the POEA in a case filed by the employees against it. Should such order bind the Labor Arbiter when it rules on the complaint for illegal dismissal filed by said employees against the same employer?
