The NLRC and the CA found that the requirements of procedural due process in the employee’s dismissal were not complied with. Will the quitclaim executed by the employee bar his entitlement to nominal damages?
Category: Labor Law
The Liability Continues
Why was this manning agency not held liable for the seafarer’s claims despite having executed an Affidavit of Assumption of Responsibility?
Unfit to Work as a Seaman
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?
Prima Facie Evidence of Employee’s Claim
Learn whether the employee was granted his claims of overtime pay, night shift differentials, and premium pay for working on holidays and rest days.
A Verbal Notice of the Seafarer’s Disability Rating Is Not Enough
The employer claims to have informed the seafarer of his disability rating. Learn why the Supreme Court still awarded the seafarer permanent total disability benefits.
A Blank Form with a Checklist
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 Seafarer Received His Medical Report When the Parties Filed Their Position Papers
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?
We Laid the Employee Off to Re-assess His Qualifications
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.
Not a Mere Run-of-the-Mill Employee
The instructor in this case completed her probationary period. Learn why the Court did not consider her as a permanent employee.
Inconsistent Evidence and Unexplained Material Facts
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.
