#BarNiJLo2024 The employee was dismissed from employment allegedly because of reckless driving. Was the termination of such employment declared valid? Mariano v. G.V. Florida Transport, G.R. No. 240882, 16 September 2020.

#BarNiJLo2024 The complainants in this case claimed to be regular employees of the company since they performed services necessary and desirable to its business. Was this stand upheld? Tuppil, Jr. v. LBP Service Corp., G.R. No. 228407, 10 June 2020.

#BarNiJLo2024 The employee was fired because he was absent for 38 days. Was his dismissal from employment declared valid? Verizon Communications Philippines, Inc. v. Margin, G.R. No. 216599, September 16, 2020.

#BarNiJLo2024 The employer mentioned that an order of dismissal was issued by the POEA in a case filed by the employees against it. Should such order bind the Labor Arbiter when it rules on the complaint for illegal dismissal filed by said employees against the same employer? U R Employed International Corp. v. Pinmiliw, G.R. No. 225263, March 16, 2022. --- Send in a voice message: https://podcasters.spotify.com/pod/show/paulinoungosiii/message

#BarNiJLo2024 Check whether the seafarer was successful in his claim of permanent total disability benefits against his employer. Trans-Global Maritime Agency, Inc. v. Utanes, G.R. No. 236498, September 16, 2020. --- Send in a voice message: https://podcasters.spotify.com/pod/show/paulinoungosiii/message

#BarNiJLo2024 Was the employer’s denial of contract substitution in this case given credence by the Supreme Court? Fil-Expat Placement Agency, Inc. v. Lee, G.R. No. 250439, September 22, 2020. --- Send in a voice message: https://podcasters.spotify.com/pod/show/paulinoungosiii/message

#BarNiJLo2024 Check whether the employer succeeded in justifying its decision to dismiss an employee on the ground of loss of trust and confidence. Manrique v. Delta Earthmoving, Inc., G.R. No. 229429, November 9, 2020.

#BarNiJLo2024 Can a contractor be declared legitimate based solely on the doctrine of stare decisis? Conjusta v. PPI Holdings, Inc., G.R. No. 252720, August 22, 2022

#BarNiJLo2024 Was the GOCC in this case justified in suspending the implementation of the increases of salary and benefits in the renegotiated CBA? Clark Development Corp. v. Association of CDC Supervisory Personnel Union, G.R. No. 207853, March 30, 2022

#BarNiJLo2024 #MostValuableLaban #MarVeLousBar #Bar2024 Abelardo lost the case filed against him before the Office of the Labor Arbiter and was declared the employer of the complainants. Was his appeal before the National Labor Relations Commission perfected? Was he confirmed to be the employer of the complainants? Salazar v. Simbajon, G.R. No. 202374, June 30, 2021.

Learn whether this employee was granted his claims of overtime pay and premium pay for holidays and rest days. Zonio v. 1st Quantum Leap Security Agency, Inc., G.R. No. 224944, May 5, 2021.

#HernanDoIt #Bar2023 The local manning agent asserted that the OFW directly transacted with the principal without its knowledge. Did the Supreme Court excuse such agent from the money claims of the OFW? SRL International Manpower Agency v. Yarza, Jr., G.R. No. 207828, February 14, 2022.

#HernanDoIt #Bar2023 The employer argued that just cause attended her decision to dismiss the employee from service, but she was able to introduce supporting documents only on appeal. Is the NLRC precluded from receiving such pieces of evidence? Spouses Maynes v. Oreiro, G.R. No. 206109, November 25, 2020.

#HernanDoIt #Bar2023 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. Gesolgon v. CyberOne PH., Inc., G.R. No. 210741, October 14, 2020.

#HernanDoIt #Bar2023 The employer claimed that it dismissed its employee for just cause because the latter assaulted a co-employee within company premises. Did the Supreme Court agree with the employer’s claim? G & S Transport Corp. v. Medina, G.R. No. 243768, September 5, 2022.

#HernanDoIt #Bar2023 The National Labor Relations Commission modified the computation 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? Angono Medics Hospital, Inc. v. Agabin, G.R. No. 202542, December 9, 2020.

#HernanDoIt #Bar2023 In asserting that they were illegally dismissed from employment, the employees in this case stated that they were verbally informed of their dismissal from employment and prohibited from further rendering service. Did the Supreme Court rule in their favor? Santos, Jr. v. King Chef, G.R. No. 211073, November 25, 2020.

#HernanDoIt #Bar2023 In one case, the National Labor Relations Commission was unable to act on the Motion to Reduce Bond filed by the employer, but it proceeded to rule on said employer’s appeal. Was the Commission’s resolution of the substantive controversies in the appeal tantamount to an implied affirmance of the perfection of such appeal? Pacific Royal Basic Foods, Inc. v. Noche, G.R. No. 202392, October 4, 2021.

#HernanDoIt #Bar2023 The NLRC and the CA found that the requirements of procedural due process in the employee’s dismissal were not complied with. Will the quitclaim executed by the employee bar his entitlement to nominal damages?  Dela Torre v. Twinstar Professional Protective Services, Inc., G.R. No. 222992, June 23, 2021. 

In this case, find out why an illegal dismissal complaint cannot be classified like an ordinary civil action insofar as the effect of death of any of the parties is concerned.  Nedira v. NJ World Corp., G.R. No. 240005, December 6, 2022. 

#HernanDoIt #Bar2023 In one case, the LA ruled that the mandatory 3-day reporting requirement does not apply if repatriation results from the expiration of a seafarer's employment contract.  Cabatan v. Southeast Asia Shipping Corp., G.R. No. 219495, February 28, 2022. 

#HernanDoIt #Bar2023 #WeCanDoIt The complainant presented pay slips and trip itineraries to support his assertion that he was an employee of the company. Were these sufficient to declare the company as his employer? Ginta-Ason v. J.T.A. Packaging Corp., G.R. No. 244206, March 16, 2022.

In this case, the Supreme Court held that when the status of the employment is in dispute, the employer bears the burden to prove that the workers are independent contractors rather than regular employees.  Ditiangkin, et al. v. Lazada, et al., G.R. No. 246892, September 21, 2022.

#HernanDoIt #Bar2023 In its appeal, the employer asserted that it was neither given summons relating to the employee’s amended complaint, nor notified of the scheduled hearings before the Office of the Labor Arbiter. Should it be allowed to present countervailing evidence on appeal?  Reyes v. Rural Bank of San Rafael (Bulacan), Inc., G.R. No. 230597, March 23, 2022. 

#HernanDoIt #Bar2023 #WeCanDoIt 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? Teletech Customer Care Management Philippines, Inc. v. Gerona, Jr., G.R. No. 219166, November 10, 2021.

#HernanDoIt #Bar2023 #WeCanDoIt Bus drivers and conductors filed a complaint against their employer for money claims before the Office of the Labor Arbiter and alleged that the latter failed to comply with Department Order No. 118, Series of 2012. Does the Office of the Labor Arbiter have jurisdiction over the case?  Del Monte Land Transport Bus, Co. v. Armenta, G.R. No. 240144, February 3, 2021. 

The accused pointed out that the POEA certification (which the trial court relied on in convicting him of the crime of illegal recruitment in large scale) was not authenticated in court by its signatory. Was this sufficient to overturn his conviction for the crime?  People v. Bautista, G.R. No. 218582, September 3, 2020.  #GetThatBar2022 #Bar2022 

The redundancy program was found to be valid and the employer was not found to have committed unfair labor practice. Learn why the employer was still held liable for separation pay and backwages for the dismissed employees. San Fernando Coca-Cola Rank-and-File Union v. Coca-Cola Bottlers Philippines, Inc., G.R. No. 200499, October 4, 2017. #GetThatBar2022 #Bar2022

#HernanDoIt #Bar2023 #WeCanDoIt The instructor in this case claimed to have completed her probationary period. Learn why the Court did not consider her as a permanent employee.  Palgan v. Holy Name University, G.R. No. 219916, February 10, 2021.

#HernanDoIt #Bar2023 #WeCanDoIt Why was the dismissal of this employee declared to be illegal despite proof of her violation of company policy?  Lamadrid v. Cathay Pacific Airways Limited, G.R. No. 200658, June 23, 2021. 

#HernanDoIt #Bar2023 #WeCanDoIt The employer in this case concluded that the employee, who went on an unapproved leave of absence, had already abandoned his employment. Was the employer correct?  Gososo v. Leyte Lumber Yard and Hardware, Inc., G.R. No. 205257, January 13, 2021. 

#HernanDoIt #Bar2023 #WeCanDoIt Upon being informed that they will be dismissed from employment, the employees tendered their resignation. Will an assertion of involuntariness in their resignation have merit?  Bance v. University of St. Anthony, G.R. No. 202724, February 3, 2021. 

#HernanDoIt #Bar2023 #WeCanDoIt Why was constructive dismissal not declared by the Supreme Court in this case?  Dela Torre v. Twinstar Professional Protective Services, Inc., G.R. No. 222992, June 23, 2021. 

Illegal Dismissal was not among the causes of action at issue in the employee's complaint filed before the NLRC. Will the labor tribunals be precluded from resolving such issue?  Burnea v. Security Trading Corp., G.R. No. 231038, April 26, 2021.

Can the employer in this case refuse to implement its Local Policy which provides for minimum salary rates to regularized employees?  Del Monte Fresh Produce (Philippines), Inc. v. Del Monte Fresh Supervisors Union, G.R. No. 225115, January 27, 2020. 

With regard to the visitorial and enforcement power under Article 128 of the Labor Code of the Philippines, does the Department of Labor and Employment have authority to accept an appeal under a reduced bond?  Blazing Star Security and Investigation Agency, Inc. v. Miraflor, G.R. No. 196022, January 22, 2020.

In justifying its decision to dismiss the employee, the employer claimed that the employee posed a clear and existing danger to the safety of the crew or vessel. Was this claim proven?  Evic Human Resource Management, Inc. v. Panahon, G.R. No. 206890, July 31, 2017.  #GetThatBar2022 #Bar2022

#HernanDoIt #Bar2023 #WeCanDoIt Does the control test call for the actual exercise of the right to control the manner by which a person does his work?  Parayday v. Shogun Shipping Co., Inc., G.R. No. 204555, July 6, 2020. 

#HernanDoIt #Bar2023 #WeCanDoIt Can an employer’s service contract with another company prove an employee’s project employment status?  Jovero v. Cerio, G.R. No. 202466, June 23, 2021. 

Learn whether the car plan provided by the employer had ripened into company practice.  Home Credit Mutual Building and Loan Association v. Prudente, G.R. No. 200010, August 27, 2020. 

Learn why the Supreme Court still awarded permanent total disability benefits despite the employer's claim that the seafarer was informed of his disability rating.  Abella v. Abosta Shipmanagement Corp., G.R. No. 249358, April 28, 2021.  #GetThatBar2022 #Bar2022 

Find out why the SC ruled the dismissal of the employer’s appeal to be erroneous despite the showing of a failure to post an appeal bond.  Karj Global Marketing Network, Inc. v. Mara, G.R. No. 190654, July 28, 2020.  #GetThatBar2022 #Bar2022 

The third doctor in this case declared the claimant’s unfitness to work as a seafarer. Should the claimant be granted total permanent disability benefits?  Pacific Ocean Manning, Inc. v. Castillo, G.R. No. 230527, June 14, 2021.  #GetThatBar2022 #Bar2022

Find out how this employee successfully claimed retirement benefits despite the employer’s lack of a written retirement plan.  Beltran v. AMA Computer College-Biñan, G.R. No. 223795, April 3, 2019.  #GetThatBar2022 #Bar2022

The employee was not found to have committed insubordination and gross and habitual neglect of duty. Find out why her dismissal was still ruled to be with valid cause. Villanueva v. Ganco Resort and Recreation, Inc., G.R. No. 227175, January 8, 2020. #GetThatBar2022 #Bar2022

In supporting its assertion of legitimate contracting, the principal alleged that the complainant only performed non-core functions of its business. Was this assertion upheld by the Supreme Court?  Daguinod v. Southgate Foods, Inc., G.R. No. 227795, February 20, 2019.  #GetThatBar2022 #Bar2022

The employee in this case contended that his dismissal was illegal for being based on a vague company rule. Did the Supreme Court agree?  De Leon v. Philippine Transmarine Carriers, Inc., G.R. No. 232194, June 19, 2019.  #GetThatBar2022 #Bar2022

Learn why this manning agency was not held liable for the seafarer’s claims despite having executed an Affidavit of Assumption of Responsibility. Orlanes v. Stella Marris Shipmanagement, Inc., G.R. No. 247702, June 14, 2021. #GetThatBar2022 #Bar2022

Learn why the Supreme Court in this case rejected the employer’s contention that supervening events prevented it from reinstating its employee.  Consolidated Distillers of the Far East, Inc. v. Zaragoza, G.R. No. 229302, June 20, 2018.  #GetThatBar2022 #Bar2022

In a case, the Supreme Court reiterated the principles relating to the powers of the Secretary of the Department of Labor and Employment in national interest disputes, including the related principle on the significance of maintaining the status quo.  Albay Electric Cooperative, Inc. v. ALECO Labor Employees Organization, G.R. No. 241437, September 14, 2020.  #GetThatBar2022 #Bar2022

In a case, the Supreme Court reiterated the mandatory requirements for a valid strike. Bigg’s, Inc. v. Boncacas, G.R. Nos. 200487 & 200636, March 6, 2019. #GetThatBar2022 #Bar2022

Learn why the Supreme Court refused to accept the employer's assertion that the seafarer failed to follow the third doctor referral procedure under the POEA SEC.  United Philippine Lines, Inc. v. Ramos, G.R. No. 225171, March 18, 2021.  #GetThatBar2022 #Bar2022

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?  Fernandez v. Kalookan Slaughterhouse, Inc., G.R. No. 225075, June 19, 2019.  #GetThatBar2022 #Bar2022

The employee alleged that his employer asked for his resignation. Will this be enough to declare the illegality of his dismissal from employment?  Jarabelo v. Household Goods Patrons, Inc., G.R. No. 223163, December 2, 2020.  #GetThatBar2022 #Bar2022

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.  Bautista v. Eli Lilly Philippines, Inc., G.R. No. 235865, February 3, 2021.  #GetThatBar2022 #Bar2022

Can an employer’s general return-to-work order be a defense against a claim of constructive dismissal?  Seventh Fleet Security Services, Inc. v. Loque, G.R. No. 230005, January 22, 2020.  #GetThatBar2022 #Bar2022

Learn the requirements for validly placing an employee on floating status.  Airborne Maintenance and Allied Services, Inc. v. Egos, G.R. No. 222748, April 3, 2019.  #GetThatBar2022 #Bar2022

The employer is charged with the burden of proving that its conduct and action are for valid and legitimate grounds and that the transfer is not unreasonable, inconvenient or prejudicial to the employee. If the employer cannot overcome this burden of proof, the employee’s transfer shall be tantamount to constructive dismissal.  Ebus v. The Results Co., Inc., G.R. No. 244388, March 3, 2021.  #GetThatBar2022 #Bar2022

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.  Acosta v. Matiere SAS, G.R. No. 232870, June 3, 2019.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

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.  Malcaba v. ProHealth Pharma Philippines, Inc., G.R. No. 209085 , June 6, 2018.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

Find out why the Supreme Court declared the illegality of the employee’s dismissal even if the employer’s business was adversely affected by the 2008 global financial crisis.  Team Pacific Corp. v. Parente, G.R. No. 206789, July 15, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

Whether an expletive constitutes serious misconduct that warrants a dismissal from employment will depend on the context of the phrase’s use.  Adamson University Faculty and Employees Union v. Adamson University, G.R. No. 227070, March 9, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

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.  Jacob v. First Step Manpower Int’l. Services, Inc., G.R. No. 229984, July 8, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

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.  LBC Express-Vis, Inc. v. Palco, G.R. No. 217101, February 12, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver

When an illegally dismissed employee is reinstated, should he be considered a new hire?  Cuadra v. San Miguel Corp., G.R. No. 194467, July 13, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver