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Showing 241–264 of 2,066 articles for “dismissal”

Due Process and Employee Dismissal: Balancing Just Cause With Procedural Rights

The Supreme Court clarifies that dismissal without just cause is illegal even if procedural notice was given, entitling the employee to backwages and separation pay.

Illegal Dismissal: Probable Cause Alone Does Not Justify Termination

Supreme Court clarifies that probable cause for qualified theft does not automatically justify an employee's dismissal; substantial evidence is required.

Reinstatement After Illegal Dismissal: Employee Rights in Corporate Reorganizations

When a company reorganizes, employees still have rights. The Supreme Court explains illegal dismissal and reinstatement in NPC v. Cabanag.

Breach of Public Trust: Tampering Court Records Leads to Dismissal

Supreme Court dismisses cash clerk for tampering official receipts and misappropriating fiduciary funds, reaffirming strict accountability for court personnel.

Loss of Confidence in Employee Termination: Employer Must Prove Its Basis

Philippine Supreme Court rules that loss of trust and confidence cannot justify employee dismissal without proof of an underlying act or misconduct.

Breach of Trust When Misrepresentation Justifies Termination in Employment

Supreme Court clarifies when misrepresentation and tampering with records justify dismissal for loss of trust and confidence under Philippine labor law.

Reinstatement vs Strained Relations: Clarifying Rights in Philippine Labor Disputes

Philippine Supreme Court clarifies when strained relations justify dismissal instead of reinstatement in illegal dismissal cases.

Illegal Dismissal of OFWs: Full Contract Pay Upheld by Supreme Court

The Supreme Court reaffirms that illegally dismissed OFWs are entitled to their full salaries for the unexpired portion of their contracts, striking down the three-month cap.

Breach of Trust as Just Cause for Dismissal of Managerial Employees in the Philippines

Philippine Supreme Court clarifies when loss of trust and confidence justifies dismissing managerial employees, and what happens when due process is not observed.

Constructive Dismissal: When a Demotion and Diminished Responsibilities Amount to Illegal Dismissal

When a reorganization demotes an employee in rank, duties, and salary, it can amount to constructive dismissal. Learn from a Supreme Court ruling.

Workplace Violence and Serious Misconduct: Defining the Boundaries of Valid Dismissal

When does an employee's single infraction justify termination? The Supreme Court clarifies the limits of serious misconduct as a just cause for dismissal.

Emergency vs Employment: Gauging Just Cause for Dismissal in the Philippines

When can an employee be validly dismissed? The Supreme Court explains the elements of just cause and why a single emergency absence was not enough.

Substantial Compliance in Labor Disputes: Upholding Workers' Rights Despite Procedural Lapses

The Supreme Court rules that substantial compliance with procedural rules protects workers' rights in labor disputes, reversing a dismissal on technical grounds.

Supreme Court Upholds Ombudsman's Dismissal of Graft Charges Over Lahar Quarrying

The Court explains when it will not interfere with the Ombudsman's probable cause findings, even where injury to a landowner may exist.

Beyond the Hearing Room: Upholding Due Process in Employee Dismissal Cases

This article examines the Supreme Court's ruling on due process in employee dismissal cases, clarifying the requirements for valid termination.

Ombudsman’s Discretion in Probable Cause Determinations Upheld in Anti-Graft Case

Supreme Court affirms Ombudsman’s dismissal of graft charges, emphasizing courts only review probable cause findings for grave abuse of discretion.

Dismissal for Neglect: Court Stenographers Must Submit Transcripts on Time

A stenographer who repeatedly fails to submit transcripts on time may be dismissed for gross neglect of duty, the Supreme Court ruled.

Employer Liability and Proving Negligence in Employee Conduct: The Ondevilla Case

The Supreme Court clarifies employer liability rules, constructive dismissal, and retirement age in Ondevilla v. Colegio de San Juan de Letran.

Upholding Company No-Gift Policies: Employee Dismissal and Management Prerogative

Supreme Court upholds dismissal of employee who accepted gifts in violation of company's no-gift policy, affirming management prerogative.

MCLE Disclosure Failures: Cruz v. Onshore Strategic Assets and Case Dismissal

A lawyer's failure to disclose MCLE compliance in pleadings can lead to dismissal of the case, as Cruz v. Onshore Strategic Assets shows.

Ombudsman's Discretion Upheld in Probable Cause Determinations for Anti-Graft Cases

Supreme Court affirms Ombudsman's dismissal of behest loan complaint, respecting prosecutorial discretion absent grave abuse.

Redundancy Dismissal Requires Fair Criteria, Not Just Business Downturn

Philippine Supreme Court rules that redundancy dismissal is illegal unless employers apply fair and reasonable criteria in selecting positions to abolish.

Employment Status and Control Test in Illegal Dismissal Cases: A Guide

Explaining how Philippine courts determine employment status and jurisdiction in illegal dismissal cases, using the Loreche-Amit v. CDMC ruling.

Voluntary Departure VS Forced Removal When Retirement Applications BAR Reinstatement Claims

When does an employee's retirement application bar a reinstatement claim? The Supreme Court clarifies the distinction between voluntary retirement and illegal dismissal.