Laches has been defined as the failure or neglect for an unreasonable and unexplained length time to do that which, by exercising due diligence, could or should have been done earlier, thus giving rise to a presumption that the party entitled to assert it either has abandoned or […]
Monthly Archives: June 2011
25 posts
Labor Standards – Delay in Filing Appeal (Employer) – Foreign Judgments Cannot Be Enforced by POEA Pacific Asia is an overseas employment agency that provided Rances work abroad. Rances was engaged by Gulf-East Ship Management a Radio Operator but due to insubordination he was dismissed our months later. According […]
G.R. No. 127195 – 313 SCRA 88 (371 Phil. 827) – Labor Law – Pre-Employment – Post-Employment – Standard Employment Contract – POEA – Mutual Consent – Migrant Workers Act – Illegal Dismissal Statutory Construction – Giving effect to every word in a statute; Migrant Workers Act Marsaman Manning […]
G.R. No. 90273-75 – 179 SCRA 480 (259 Phil. 85) – Pre-Employment – Impleading Sureties in Labor Cases; Liability of local recruitment agency and foreign employer; Solidary Liability Pan Pacific Overseas is a recruitment agency duly registered with the POEA. It offers jobs abroad. Finman General is acting as […]
G.R. No. L-79436-50 – 181 SCRA 110 (260 Phil. 115) – Labor Law – Pre-Employment – Liability of Sureties – POEA Rules – Overseas Employment J & B Manpower Specialist, Inc. is an overseas employment agency registered with the Philippine Overseas Employment Administration and Eastern Assurance & Surety Corporation […]
Constructive dismissal is defined as a quitting because continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution of pay. Likewise, constructive dismissal exists when an act of clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee, […]
G.R. NO. 159730 – 544 SCRA 279 – Labor Law – Post-Employment – Constructive Dismissal – Invalid Practice of Management Rights Melvin Gnilo was the Credit and Collection Manager of Norkis Trading Co., Inc. and is in charge of the Albay and Catanduanes branches of the company. In 2000, […]
G.R. No. L-53515 – 170 SCRA 25 – Labor Law – Management Prerogative – Return of Investments In 1979, San Miguel Corporation implemented its “Complementary Distribution System” (CDS) whereby wholesalers can directly get beer products from any SMC office. The scheme was approved by then Secretary of Labor Blas […]
I, _________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any […]