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?
Tag: #Bar2022
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?
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.
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.
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?
But “Backwages” Is Awarded Only to an Illegally Dismissed Employee
The employer posited that backwages are awarded only to an illegally dismissed employee. Did the Supreme Court sustain this position?
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?
Appeal Bonds and Insolvency Proceedings
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.
General Return-to-Work Orders
Can an employer’s general return-to-work order be a defense against a claim of constructive dismissal?
