“An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.” (Article 294, Labor Code)
A contract of carriage not only establishes a business relationship but also imposes public duties on the carrier. The negligence or malfeasance of carrier employees can lead to liability for damages. However, common carriers have avenues to defend themselves against such claims.
All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor or labor.
An illegally dismissed employee is not required to return the wages he received during his reinstatement prior to the reversal of the labor arbiter’s decision.
The decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for reinstatement. (Article 229, Labor Code)
When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the court shall mitigate the damages to be awarded. (Article 2179, Civil Code of the Philippines)
Much of the distinction between a “common or public carrier” and a “private or special carrier” lies in the character of the business, such that if the undertaking is an isolated transaction, not a part of the business or occupation, and the carrier does not hold itself out to carry the goods for the general public or to a limited clientele, although involving the carriage of goods for a fee, the person or corporation providing such service could very well be just a private carrier. (Philippine American General Insurance Company vs. PKS Shipping Company, G.R. No. 149038, April 9, 2003)
Suspension is a disciplinary action resorted to by an employer by which an employee is prevented from going to work. Also called “lay off”, suspension is a step taken in employee discipline, as punishment for some major offenses.
There is substantial compliance with the first-written notice as long as the primordial purpose of the notice to explain has been complied with. (Musahamat Workers Labor Union-1-ALU vs. Musahamat Farms, Inc., G.R. No. 240184, July 6, 2022)
Every corporation incorporated under the Revised Corporation Code has the power and capacity, among others, to receive real and personal property, subject to the limitations prescribed by law and the constitution. (Section 35, par. g, R.A. No. 11232)
It is an elementary principle of civil law that the owner of real property is entitled to the possession thereof as an attribute of his or her ownership. (Cecilia Javelosa vs. Ezequiel Tapus, G.R. No. 204361, July 4, 2018)
