Check whether the employer succeeded in justifying its decision to dismiss an employee on the ground of loss of trust and confidence.
Author: Paulino Ungos III
Suspension of Employment Relationship
Amendment to Section 12, Rule 1, Book VI of the Rules Implementing the Labor Code of the Philippines (on suspension of employment relationship).
The Foreign Company Is a Major Stockholder of the Local Company
Find out whether the complainants (who were hired by a foreign company) were granted their claim of illegal dismissal allegedly done by its local subsidiary.
No Second Contract, No Substitution
Check whether the employer’s denial of contract substitution was given credence by the Supreme Court.
Appalling Disregard of Physical Safety and Property
The employee was dismissed from employment allegedly because of reckless driving. Was the termination of such employment declared valid?
I Skipped Work as I Felt Sick
The employee was fired because he was absent for 38 days. Was his dismissal from employment declared valid?
Consequences of Deliberate Concealment
Can the employer in this case be said to have waived its right to deny liability from paying disability benefits?
Totality of Circumstances and Contracting Arrangements
A labor contractor’s Certificate of Registration with the Department of Labor and Employment is not conclusive evidence of its status as a legitimate labor contracting entity. At most, it causes a disputable presumption that the entity is a legitimate labor contractor which can be refuted by other evidence. In order to determine whether an entity is a labor-only contractor or a legitimate labor contractor, what must be considered is the totality of the facts and surrounding circumstances of the case.
But “Backwages” Is Awarded Only to an Illegally Dismissed Employee
The employer posited that backwages are awarded only to an illegally dismissed employee. Did the Supreme Court sustain this position?
Admitted the Due Issuance of the Certification
The accused pointed out that the POEA certification (which the trial court relied on in convicting him of the crime of illegal recruitment in large scale) was not authenticated in court by its signatory. Was this sufficient to overturn his conviction for the crime?
