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?
Tag: decision
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?
We Were Told That Our Employment Was Terminated
The employees in this case alleged that they were verbally informed of their dismissal from employment and prohibited from further rendering service. Did the Supreme Court rule in their favor?
Judicious Admission of Evidence on Appeal
The employer argued that just cause attended her decision to dismiss the employee from service, but she was able to present supporting documents only when she filed her appeal. Should the NLRC be precluded from receiving such evidence on appeal?
Genuine Loss of Trust and Confidence
Check whether the employer succeeded in justifying its decision to dismiss an employee on the ground of loss of trust and confidence.
The Foreign Company Is a Major Stockholder of the Local Company
Find out whether the complainants (who were hired by a foreign company) were granted their claim of illegal dismissal allegedly done by its local subsidiary.
Totality of Circumstances and Contracting Arrangements
A labor contractor’s Certificate of Registration with the Department of Labor and Employment is not conclusive evidence of its status as a legitimate labor contracting entity. At most, it causes a disputable presumption that the entity is a legitimate labor contractor which can be refuted by other evidence. In order to determine whether an entity is a labor-only contractor or a legitimate labor contractor, what must be considered is the totality of the facts and surrounding circumstances of the case.
I Skipped Work as I Felt Sick
The employee was fired because he was absent for 38 days. Was his dismissal from employment declared valid?
Appalling Disregard of Physical Safety and Property
The employee was dismissed from employment allegedly because of reckless driving. Was the termination of such employment declared valid?
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?
