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Paulino Ungos III's Podcast

English, Legal, 1 season, 61 episodes, 8 hours
About
Lectures on Philippine Labor Law and Jurisprudence. Paulino Ungos III is a lawyer, law professor, and co-author of Labor Law books published by Rex Bookstore.
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Episode 61: Consequences of Deliberate Concealment

#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
4/24/202413 minutes, 10 seconds
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Episode 60: No Second Contract, No Substitution

#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
4/10/20249 minutes, 36 seconds
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Episode 59: Genuine Loss of Trust and Confidence

#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.
3/27/202414 minutes, 3 seconds
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Episode 58: Based on Two Supreme Court Decisions, the Contractor Is Legitimate

#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
3/20/202413 minutes, 6 seconds
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Episode 57: The President’s Approval of the Grant of CBA Benefits Was Presumed Under Article 4

#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
3/13/202411 minutes, 10 seconds
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Episode 56: Just a Lessor; Not an Employer

#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.
1/13/202414 minutes, 33 seconds
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Episode 55: Prima Facie Evidence of Employee’s Claim

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.
8/21/202310 minutes, 48 seconds
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Episode 54: But the OFW Directly Communicated with the Principal and without the Knowledge of Its Agent

#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.
7/24/202311 minutes, 35 seconds
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Episode 53: Judicious Admission of Evidence on Appeal

#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.
6/9/202312 minutes, 29 seconds
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Episode 52: The Foreign Company Is a Major Stockholder of the Local Company

#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.
6/2/202310 minutes, 21 seconds
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Episode 51: But the Employee Assaulted a Co-Worker Inside Company Premises

#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.
5/17/20235 minutes, 44 seconds
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Episode 50: The Employee Rejected My Offer of Reinstatement

#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.
5/10/20238 minutes, 32 seconds
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Episode 49: We Were Told That Our Employment Was Terminated

#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.
5/2/20236 minutes, 27 seconds
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Episode 48: But My Motion to Reduce Bond was Impliedly Approved by the NLRC

#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.
4/19/20238 minutes, 49 seconds
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Episode 47: Employee Quitclaims vis-à-vis Nominal Damages

#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. 
3/8/20237 minutes, 8 seconds
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Episode 46: Effect of the Death of a Complainant to a Pending Suit for Illegal Dismissal

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. 
2/22/20237 minutes, 29 seconds
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Episode 45: Regardless of the Cause of Repatriation

#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. 
2/15/20238 minutes, 4 seconds
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Episode 44: He Is Not Our Employee

#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.
2/7/20235 minutes, 54 seconds
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Episode 43: But They Agreed to be Engaged as Independent Contractors

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.
1/26/202314 minutes, 19 seconds
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Episode 42: A Liberal Interpretation of the Rules Is Primarily Granted for the Employee’s Favor

#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. 
1/18/202310 minutes, 49 seconds
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Episode 41: A Prejudicial Transfer

#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.
11/21/20228 minutes
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Episode 40: But the Claims Exceeded Php5,000.00

#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. 
10/26/20227 minutes, 45 seconds
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Episode 39: Admitted the Due Issuance of the Certification

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 
10/18/20227 minutes, 6 seconds
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Episode 38: Employment Status the Day Before the Occurrence of the Strike or Lockout

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
10/13/20229 minutes, 39 seconds
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Episode 37: Not a Mere Run-of-the-Mill Employee

#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.
10/4/20228 minutes, 12 seconds
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Episode 36: An Employer’s Last Resort

#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. 
9/27/20226 minutes, 7 seconds
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Episode 35: Lone Act of Hostility

#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. 
9/19/20226 minutes, 43 seconds
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Episode 34: Circumstances Revealed Voluntary Resignations

#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. 
9/13/20226 minutes, 52 seconds
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Episode 33: Stubborn Unwillingness to Return to Work

#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. 
9/6/20225 minutes, 5 seconds
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Episode 32: A Blank Form with a Checklist

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.
8/30/20226 minutes, 15 seconds
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Episode 31: Minimum Salary Rates as a Management Prerogative

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. 
8/23/20223 minutes, 6 seconds
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Episode 30: Perfection of Appeals and Article 128

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.
8/16/20224 minutes, 12 seconds
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Episode 29: No Danger to the Safety of the Crew or Vessel

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
8/9/20227 minutes, 43 seconds
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Episode 28: Existence of the Right to Control the Manner of Doing the Work

#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. 
8/2/20225 minutes, 2 seconds
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Episode 27: But Their Services Were Coterminous with Their Assigned Projects

#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. 
7/25/20224 minutes, 10 seconds
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Episode 26: To Have Enough of Enough...

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. 
7/17/20224 minutes, 48 seconds
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Episode 25: A Verbal Notice of the Seafarer’s Disability Rating Is Not Enough

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 
7/10/20227 minutes, 36 seconds
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Episode 24: Appeal Bonds and Insolvency Proceedings

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 
7/3/20228 minutes, 52 seconds
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Episode 23: Unfit to Work as a Seaman

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
6/26/20227 minutes, 42 seconds
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Episode 22: A Long-Standing Practice

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
6/19/20226 minutes, 40 seconds
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Episode 21: I Didn’t Report for Work Because You Failed to Answer My Query

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
6/12/202212 minutes
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Episode 20: But He Only Performed “Non-Core” Functions

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
6/5/20227 minutes, 54 seconds
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Episode 19: Considered Neither the Intent Nor the Origin of the Gift

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
5/29/20228 minutes, 30 seconds
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Episode 18: The Liability Continues...

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
5/22/202210 minutes, 22 seconds
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Episode 17: Supervening Events Made It Impossible for Me to Reinstate My Employee

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
5/15/20225 minutes, 21 seconds
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Episode 16: But “Backwages” Is Awarded Only to an Illegally Dismissed Employee

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
5/8/20228 minutes, 5 seconds
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Episode 15: Filing a Strike Notice to Conceal the Illegality of the Strike

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
5/1/202212 minutes, 42 seconds
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Episode 14: The Seafarer Received His Medical Report When the Parties Filed Their Position Papers

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
4/24/20225 minutes, 57 seconds
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Episode 13: IDs, Uniforms, and Vague Affidavits

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
4/17/20227 minutes, 29 seconds
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Episode 12: Get Out!

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
4/10/20225 minutes, 27 seconds
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Episode 11: Inconsistent Evidence and Unexplained Material Facts

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
4/3/20228 minutes, 14 seconds
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Episode 10: General Return-to-Work Orders

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
3/27/20227 minutes, 34 seconds
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Episode 9: We Validly Placed Our Employee on Floating Status

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
3/13/20225 minutes, 52 seconds
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Episode 8: We Laid the Employee Off to Re-assess His Qualifications

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
3/6/20226 minutes, 12 seconds
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Episode 7: His Position Became Unnecessary upon Shipment Completion

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
1/7/20224 minutes, 34 seconds
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Episode 6: Dismissal of Employees for Minor Offenses

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
1/7/20225 minutes, 20 seconds
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Episode 5: No Alternative But to Implement a Retrenchment Program

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
10/30/20214 minutes, 28 seconds
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Episode 4: 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.  Adamson University Faculty and Employees Union v. Adamson University, G.R. No. 227070, March 9, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver
10/30/20216 minutes, 41 seconds
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Episode 3: Totality of Circumstances and Constructive Dismissals

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
10/30/20215 minutes, 9 seconds
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Episode 2: 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.  LBC Express-Vis, Inc. v. Palco, G.R. No. 217101, February 12, 2020.  #BestBarEver2020_21 #BestBarEver20_21 #BestBarEver
10/30/20214 minutes, 8 seconds
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Episode 1: Returning to the Same Employer

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
10/30/20213 minutes, 8 seconds