Although employers have the inherent right to discipline their employees, the penalties imposed must be commensurate to the infractions committed. Dismissal of employees for minor and negligible offenses may be considered as illegal dismissal.
Category: Labor Law
Substantial Compliance with Appeal Bond Requirements
In appeals of illegal dismissal cases, employers are strictly mandated to file an appeal bond to perfect their appeals. Substantial compliance, however, may merit liberality in its application.
Employment Status the Day Before the Occurrence of the Strike or Lockout
The employer’s redundancy program was found to be valid and the employer was not found to have committed unfair labor practice. Learn why the employer was still held liable for separation pay and backwages for the dismissed employees.
No Danger to the Safety of the Crew or Vessel
In justifying dismissal, the employer claimed that the employee posed a clear and existing danger to the safety of the crew or vessel. Was this claim proven?
Secular View of Morality
Will an employee’s premarital relations with her boyfriend and the resulting pregnancy out of wedlock constitute immorality that could be a just cause for dismissal?
A Consequence of Its Participation in Prolonging the Proceedings
The employer argued that it should not be held liable for legal interest because the employees themselves partly caused the delay in the satisfaction of the decision. Did the Supreme Court accept this argument?
My Reliance on the Disputable Presumption of Work-relatedness is Sufficient
In a situation where the seafarer’s illness was disputably presumed to be work-related, is the seafarer no longer required to prove that his illness was caused by (or at least aggravated by) his work?
On Equal Footing
The Supreme Court re-emphasized an aspect of its ruling in Brent School, Inc. v. Zamora (G.R. No. L-48494, February 5, 1990, 260 PHIL 747-765).
But One of the Three Witnesses Recanted his Testimony
One of the three witnesses recanted his testimony against the accused. Should the accused be liable only for simple illegal recruitment?
Seafarer’s Work-related Death During Employment
With regard to the heirs’ recovery of death benefits, should the death of the seafarer be shown to have happened during the term of his employment?
