G.R. No. 246892 – Labor Law – Post-Employment – Illegal Dismissal – Four-Fold Test – Delivery Riders are employees In February 2016, Chrisden Ditiangkin and several others each executed an Independent Contractor Agreement with Lazada E-Services Philippines, Inc. whereby they agreed to be riders for Lazada. Lazada is an online […]
Post-Employment
G.R. No. 49549 – 189 SCRA 117 – Labor Law – Post-Employment – Grounds for Termination – A teacher having a relationship with a student is not per se immoral Evelyn Chua was a teacher at Tay Tung High School, Inc. By 1975, she had been teaching there for thirteen […]
A columnist whose column is removed by the newspaper from publication is not ipso facto terminated from work by the newspaper company. Money claims arising from employer-employee relationship: covered by Article 291 of the Labor Code. Money claims, such as backwages, consequent to an illegal dismissal case: covered by Article […]
G.R. No. 148241 – 438 Phil. 737 – 390 SCRA 181 – Labor Law – Post-Employment – Constructive Dismissal – Refusal to be reinstated not necessarily abandonment In 1994, Bernardo Singson was hired as a sales agent by Hantex Trading Co., Inc. He earns Php165.00 a day but he gets commission […]
G.R. No. 80609 – 247 Phil. 641 – 164 SCRA 671 – Labor Law – Post-Employment – Termination – Just and Authorized Causes – Separation Pay; When not available – Equity Marilyn Abucay has been an employee of the Philippine Long Distance Telephone Company (PLDT) for ten years when it was discovered that […]
G.R. No. 129584 – 359 Phil. 955 – 299 SCRA 608 – Labor Law – Post-Employment – Illegal Dismissal; Illness – Certification by a Competent Public Authority In August 1992, the Gulf Catering Company, a foreign company operating in Saudi Arabia, recruited, through its Philippine agent, Triple Eight Integrated Services, […]
G.R. No. 127553 – 346 Phil. 1014 – 282 SCRA 326 – Labor Law – Post-Employment – Termination; Due Process – Just Causes Political Law – Constitutional Law – Bill of Rights; Right to Counsel In June 1995, the security guards of N.C. Construction Supply caught an employee stealing from the […]
G.R. No. 189871 – 703 SCRA 439 – Civil Law – Torts and Damages – Actual and Compensatory Damages – Legal Rate of Interest is 6% per annum Labor Law – Post-Employment – Illegal Dismissal – Computation of Monetary Benefits Dario Nacar filed a labor case against Gallery Frames and […]
G.R. No. 195428 – 693 Phil. 646 – 679 SCRA 545 – Labor Law – Post-Employment – Illegal Dismissal; Remedies – No Illegal Dismissal if Firing was by a Co-employee Jomar Verdadero is a bus conductor of Barney Autolines. In January 2008, he had an altercation with Gerardo Gimenez, a […]
G.R. No. 164893 – 546 Phil. 22 – 517 SCRA 191 – Labor Law – Post-Employment – Constructive Dismissal – Demotion In August 1996, an administrative complaint was filed against Constancia Duldulao, a secretary/typist of the College of Law of the Baguio Colleges Foundation (now University of the Cordilleras). The […]
G.R. No. 104599 – 231 SCRA 173 – Legal Ethics – Duty of a Lawyer To Encourage Settlement of Suits Labor Law – Post-Employment – Abandonment; Elements Jon De Ysasi and Jon De Ysasi III are father and sons, respectively. The elder Ysasi owns a hacienda in Negros Occidental. De […]
G.R. No. 118506 – 271 SCRA 670 – Labor Law – Labor Relations – Post-Employment – Abandonment of Work – Loss of Confidence Norma Mabeza was an employee hired by Hotel Supreme in Baguio City. In 1991, an inspection was made by the Department of Labor and Employment (DOLE) at […]
G.R. No. 123880 – 303 SCRA 540 – Labor Law – Labor Standards – Working Conditions and Rest Periods Post-Employment – Illegal Dismissal Eddie Damalerio was a roomboy for Maranaw Hotels. One day, he was cleaning the room of one of the guests when he saw the private stuff of […]
G.R. No. 121962 – 306 SCRA 497 – Labor Law – Labor Relations – Illegal Dismissal – Collective Bargaining Agreement Esperanza Escorpizo was a high school teacher in the University of Baguio contracted to be a probationary teacher from 1989-1991. The terms of her employment stipulate that in order for […]
G.R. No. 96078 – 205 SCRA 69 – Labor Law – Labor Standards – Hours of Work – OT Pay of a Project Based Employee Post-Employment – No Separation Pay for Project Employees In 1977, Hilario Rada was contracted by Philnor Consultants and Planners, Inc. as a driver. He was assigned […]
G.R. No. 116384 – 324 SCRA 770 – Civil Law – Torts and damages – Moral and Exemplary Damages Labor Law – Post-Employment – Termination of Employment – Abandonment of Work – Illegal Dismissal Viola Cruz was hired and employed by Norkis Distributors, Inc. as cashier/bookkeeper in its Cagayan de Oro […]