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Tag: 2020-07

Appeal Bonds and Insolvency Proceedings

2020 July 28 Paulino Ungos III

Find out why the SC ruled the dismissal of the employer’s appeal to be erroneous despite the showing of a failure to post an appeal bond.

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Posted in: Labor Law Filed under: #Bar2022, #GetThatBar2022, 2020-07, appeal bond, decision, insolvency proceedings, justice caguioa, perfection of an appeal

No Alternative But to Implement a Retrenchment Program

2020 July 15 Paulino Ungos III

Find out why the Supreme Court declared the illegality of the employee’s dismissal even if the employer’s business was adversely affected by the 2008 global financial crisis.

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Posted in: Labor Law Filed under: 2020-07, decision, estoppel, justice leonen, quitclaim, retrenchment, solidary liability

Unique Skills and Talents

2020 July 13 Paulino Ungos III

Were the camera operators in this case considered as employees of the broadcasting company?

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Posted in: Labor Law Filed under: 2020-07, decision, independent contractor, justice leonen, regular employment

Returning to the Same Employer

Paulino Ungos III

When an illegally dismissed employee is reinstated, should he be considered a new hire?

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Posted in: Labor Law Filed under: 2020-07, decision, employment period, justice leonen, labor-only contracting, length of service, reinstatement

PTSD and Claims for Disability Benefits

2020 July 08 Paulino Ungos III

Find out whether the seafarer diagnosed with Post Traumatic Stress Disorder was granted his claim for disability benefits.

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2020-07, decision, justice leonen, ofw, permanent total disability, ptsd, seafarer

Totality of Circumstances and Constructive Dismissals

Paulino Ungos III

The Supreme Court stressed that in resolving issues of constructive dismissal, one does not only weigh the evidence presented by the parties, but also delve into the totality of circumstances in a case.

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Posted in: Labor Law Filed under: 2020-07, constructive dismissal, decision, justice leonen, totality of circumstances

Existence of the Right to Control the Manner of Doing the Work

2020 July 06 Paulino Ungos III

Does the control test call for the actual exercise of the right to control the manner by which a person does his work?

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Posted in: Labor Law Filed under: 2020-07, control test, decision, employer-employee relationship, justice hernando, specific denial

Foreign Doctor Who Provided Urgent Care — a Company-Designated Physician?

2020 July 01 Paulino Ungos III

In a post-employment medical examination, the employer is obliged to conduct a meaningful and timely examination of the seafarer through its company-designated physician.

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2020-07, company-designated physician, concealment, decision, justice leonen, seafarer

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