In this case, why was constructive dismissal not declared by the Supreme Court?
Tag: constructive dismissal
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.
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?
No Second Contract, No Substitution
Check whether the employer’s denial of contract substitution was given credence by the Supreme Court.
Beyond Occasional Discomforts
Was the employee’s experience burdensome enough to make her tenure unbearable?
Totality of Circumstances and Constructive Dismissals
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.
My Supervisor Committed Sexual Harassment, Not Me
Find out why an employer was still held liable for constructive dismissal even if it had no hand in the sexual harassment committed by its supervisor.
But She Went Home for Personal Reasons
Find out why the Supreme Court did not believe the employer’s claim of voluntary resignation by the employee.
We Validly Placed Our Employee on Floating Status
Learn the requirements for validly placing an employee on floating status.