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. […]
Category: Social Legislation
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?
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?
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?
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?
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.
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?
A Mere Finding that the Illness is Not Work-Related is Not Automatically a Valid Medical Assessment
Note the significance of the company-designated physician’s duty to provide a final and definite medical assessment.
Consequences of Deliberate Concealment
Can the employer in this case be said to have waived its right to deny liability from paying disability benefits?
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?
