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.
But the Claims Exceeded Php5,000.00
Bus drivers and conductors filed a complaint against their employer for money claims before the Office of the Labor Arbiter and alleged that the latter failed to comply with Department Order No. 118, Series of 2012. Does the Office of the Labor Arbiter have jurisdiction over the case?
Circumstances Revealed Voluntary Resignations
Upon being informed that they will be dismissed from employment, the employees tendered their resignation. Will an assertion of involuntariness in their resignation have merit?
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.
Lone Act of Hostility
The employee in this case claimed that the employer dismissed him from employment after he refused to sign a document mentioning offenses he did not commit. Did his assertion of constructive dismissal have merit?
The Employee Rejected My Offer of Reinstatement
The National Labor Relations Commission modified the computation of reliefs of backwages and separation pay to an illegally dismissed employee, in view of her rejection of an alleged offer of reinstatement by the employer. Was this modification sustained by the Supreme Court?
The Second Company’s Deceitful Purpose
Find out why the Supreme Court pierced the corporate veil in this case.
Get Out!
The employee alleged that his employer asked for his resignation. Will this be enough to declare the illegality of his dismissal from employment?
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.
