The employer must furnish the employee with two written notices before the termination of employment can be effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer’s decision to dismiss him. (Foodbev International vs. Noli Ferrer, G.R. No. 206795, September 16, 2019)
The employer must furnish the employee with two written notices before the termination of employment can be effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer’s decision to dismiss him. (Foodbev International vs. Noli Ferrer, G.R. No. 206795, September 16, 2019)
The case of RODCO Consultancy and Maritime Services Corporation v. Floserfino G. Ross and Antonia T. Ross (G.R. No. 259832, November 6, 2023) Photo from Unsplash | Medienstürmer The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still Read more about NATURE OF A LITIGATION FINANCING ARRANGEMENTS[…]
The Department of Migrant Workers (DMW), created by virtue of Republic Act No. 11641 or The Department of Migrant Workers Act, is an executive department in the Philippines tasked to protect the rights and promote the welfare of Overseas Filipino Workers (OFWs).
A worker’s employment is their property in a constitutional sense, and he/she cannot be deprived thereof without due process and unless the deprivation is commensurate to his/her acts and degree of moral depravity. (Verizon Communications Philippines vs. Lauren Margin, G.R. No. 216599, September 16, 2020)
An employer may terminate an employment for fraud and willful breach of trust. (Article 297, Labor Code)
An employee’s information regarding his whereabouts on the day he was on sick leave is not fraud and does not constitute a serious offense meriting the extreme penalty of dismissal. (HSBC v. NLRC and Emmanuel Meneses, G.R. No. 116542)
There are two classes of corporate positions of trust:
(1) The managerial employees whose primary duty consists of the management of the establishment in which they are employed or of a department or a subdivision thereof, and other officers or members of the managerial staff; and,
(2) The fiduciary rank-and-file employees, such as cashiers, auditors, property custodians, or those who, in the normal exercise of their functions, regularly handle significant amounts of money or property. These employees, though rank-and-file, are routinely charged with the care and custody of the employer’s money or property, and are thus classified as occupying positions of trust and confidence. (P.J. Lhuillier, Inc. vs. Velayo, G.R. No. 198620, November 12, 2014)
In a recent development in labor jurisprudence, the question of jurisdiction over complaints regarding non-remittance of union dues by employers has been decisively settled. A recent ruling emphasized that such complaints, arising from the failure of employers to remit collected union member dues as stipulated in a Collective Bargaining Agreement (CBA), do not fall under the purview of “intra-union disputes.” Instead, they constitute unfair labor practices, specifically interference with employees’ rights to self-organization.
In insurance contracts:
Neglect to communicate that which a party knows and ought to communicate, is called a concealment. (Section 26, Insurance Code of the Philippines)
A representation is to be deemed false when the facts fail to correspond with its assertions or stipulations. (Section 43, Insurance Code of the Philippines)
Stock market transactions affect the general public and the national economy. The rise and fall of stock market indices reflect to a considerable degree the state of the economy. Trends in stock prices tend to herald changes in business conditions.
(Philippine Stock Exchange, Inc., et al. v. Secretary of Finance, et al., G.R. No. 213860, July 05, 2022)
