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.
Tag: decision
Existence of the Right to Control the Manner of Doing the Work
Does the control test call for the actual exercise of the right to control the manner by which a person does his work?
Foreign Doctor Who Provided Urgent Care — a Company-Designated Physician?
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.
Part-Time Employees and Retirement Benefits
The university in this case contended that the provision on retirement benefits under Article 302 of the Labor Code of the Philippines does not apply to part-time teachers, because they cannot acquire regular permanent status.
Expletives, Dismissals, and Unfair Labor Practices
Whether an expletive constitutes serious misconduct that warrants a dismissal from employment will depend on the context of the phrase’s use.
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.
False Report of a Patient’s Maltreatment
Would having access to patient information allow a nursing attendant to use the said information for his desired purpose?
Recurrence of Lumbar Problem from a Previous Employment
The employer argued that the lumbar problem of the seafarer came from his previous employment, for which he had already claimed total and permanent disability benefits from his previous employer. Will this stand shield the employer from paying the seafarer’s total and permanent disability benefits?
Minimum Salary Rates as a Management Prerogative
Can the employer refuse to implement its Local Policy relating to the minimum salary rates for regularized employees?
But His Dismissal from Employment Was Harsh
Can this validly-dismissed employee be awarded separation pay?
