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Tag: illegal dismissal

A Prejudicial Transfer

2021 November 10 Paulino Ungos III

The employer asserted that its business was slowing down and that it dismissed the complainant on the ground of redundancy. Was the complainant’s dismissal found valid?

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Posted in: Labor Law Filed under: 2021-11, decision, illegal dismissal, justice hernando, redundancy, transfer

An Employer’s Last Resort

2021 June 23 Paulino Ungos III

Why was the dismissal of this employee declared to be illegal despite proof of her violation of company policy?

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Posted in: Labor Law Filed under: 2021-06, commensurate penalty, decision, illegal dismissal, justice hernando, management prerogative

Inconsistent Evidence and Unexplained Material Facts

2021 February 03 Paulino Ungos III

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.

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Posted in: Labor Law Filed under: #Bar2022, #GetThatBar2022, 2021-02, decision, illegal dismissal, justice caguioa

Expletives, Dismissals, and Unfair Labor Practices

2020 March 09 Paulino Ungos III

Whether an expletive constitutes serious misconduct that warrants a dismissal from employment will depend on the context of the phrase’s use.

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Posted in: Labor Law Filed under: 2020-03, decision, expletives, illegal dismissal, justice leonen, serious misconduct, unfair labor practice

Invalid Addendum

2020 January 22 Paulino Ungos III

An Overseas Filipino Worker executed an Addendum that modified his employment contract. Can he be bound by the same?

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2020-01, alteration of employment contract, decision, illegal dismissal, modification of employment contract, ofw, solidary liability

Human Barricades and Obstructions for Collective Self-Defense

Paulino Ungos III

In justifying their act of blocking the gates of the employer, the strikers stated that they did so only for collective self-defense because the guards of the employer used unnecessary force in dispersing them. Was this justification accepted by the Court?

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Posted in: Labor Law Filed under: 2020-01, illegal dismissal, notice, strikes, union members, union officers

IDs, Uniforms, and Vague Affidavits

2019 June 19 Paulino Ungos III

The respondent in a complaint for illegal dismissal pointed out that a different person was the employer of the complainant. Did the Supreme Court uphold respondent’s claim?

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Posted in: Labor Law Filed under: #Bar2022, #GetThatBar2022, 2019-06, decision, employer-employee relationship, illegal dismissal, justice caguioa, negative pregnant, specific denial

His Position Became Unnecessary upon Shipment Completion

2019 June 03 Paulino Ungos III

Find out why the Supreme Court declared the illegality of the employee’s dismissal from employment despite the employer’s notice to the DOLE and the employee.

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Posted in: Labor Law Filed under: 2019-06, decision, illegal dismissal, justice leonen, redundancy

No Basis to Award Salary Equivalent to 3 Months

2019 January 14 Paulino Ungos III

Relief for Illegally Dismissed Migrant Workers

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2019-01, illegal dismissal, notice, ofw

Dismissal of Employees for Minor Offenses

2018 June 06 Paulino Ungos III

Although employers have the inherent right to discipline their employees, the penalties imposed must be commensurate to the infractions committed. Dismissal of employees for minor and negligible offenses may be considered as illegal dismissal.

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Posted in: Labor Law Filed under: 2018-06, commensurate penalty, decision, illegal dismissal, justice leonen, willful disobedience

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