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Showing 313336 of 554 articles for illegal dismissal

OFW Rights and the Employer's Burden of Proof in Illegal Dismissal Cases

Learn how Philippine courts protect overseas Filipino workers, and why employers carry the burden of proof in illegal dismissal cases.

Strikes and Employee Rights: Understanding the Limits of Union Activities in the Philippines

Philippine Supreme Court ruling on illegal dismissal, union busting, corporate veil piercing, and quitclaims in labor disputes.

Dismissal Disputes: Why Procedural Compliance and Employer Accountability Matter

Learn how Philippine courts decide illegal dismissal cases, the burden of proof, and why employees must prove dismissal first.

Business Closure Due to Fire: Employer Prerogative vs. Employee Rights

When fire destroys a business, can employees claim illegal dismissal? The Supreme Court explains the rules on closure and separation pay.

Reinstatement and Full Backwages for Illegal Dismissal: What Employers Must Prove in Redundancy Cases

The Supreme Court explains when redundancy dismissals are illegal and why reinstatement with full backwages is the remedy.

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Burden of Proof in Illegal Dismissal Cases: Employer's Duty to Certify Illness

In Duterte v. Kingswood Trading, the Supreme Court held the employer, not the worker, must prove that illness justified a dismissal.

The Indispensable Appeal Bond in Illegal Dismissal Cases: A Lesson from Forever Security

Why failing to post an appeal bond in illegal dismissal cases is fatal, and what abandonment really requires under Philippine labor law.

Retraction vs Initial Statements: Weighing Evidence in Illegal Dismissal Cases

When an employee is dismissed for serious misconduct, how should courts weigh a witness's retraction against initial statements? The Supreme Court clarifies.

Voluntary Resignation vs Illegal Dismissal: What the Supreme Court Said

When is a resignation voluntary and not forced? The Supreme Court explains the difference in Globe Telecom v. Crisologo.

Termination Disputes Defining the Scope of Voluntary Arbitration in Illegal Dismissal Cases

The Supreme Court clarifies when voluntary arbitration applies in illegal dismissal cases and the rules on due process and nominal damages.

Immoral Conduct and Due Process in Termination Cases: Balancing Employer Rights and Employee Protection

Philippine Supreme Court ruling on illegal dismissal clarifies labor arbiter jurisdiction, just cause requirements, and due process in termination disputes.

Admissibility vs Probative Value in Illegal Dismissal Cases: Burden of Proof on Employers

Philippine Supreme Court clarifies that admissible evidence may still lack probative value in illegal dismissal cases, reaffirming employer's burden of proof.

Dismissal Disputes: Protecting Depositors From Illegal Dismissal Claims in Corporate Crises

The Supreme Court shields depositors who temporarily manage a distressed bank from personal liability for illegal dismissal claims, clarifying employer-employee relationships.

Protecting Seafarer Rights: Why Proper Documentation Is Key in Illegal Dismissal Cases in the Philippines

Learn how proper documentation protects seafarer rights in illegal dismissal cases, based on a Philippine Supreme Court ruling.

Employer-Employee Relationship and Due Process in Labor-Only Contracting Cases

Philippine Supreme Court ruling on employer-employee relationships, probationary employment, and the twin requirements of notice and hearing in illegal dismissal cases.

Piercing the Sole Proprietorship Veil: Personal Liability for Business Debts in Illegal Dismissal Cases

Learn when Philippine courts hold sole proprietors personally liable for business debts, including illegal dismissal claims, and how to protect personal assets.

Redundancy and Release: Examining the Validity of Dismissal and Waiver in Philippine Labor Law

A look at when redundancy dismissals are valid and when quitclaims bar illegal dismissal claims, based on a PLDT case.

Abandonment vs Illegal Dismissal: Protecting Workers' Rights in the Philippines

Philippine Supreme Court clarifies the distinction between abandonment and illegal dismissal, protecting workers who file complaints after being reprimanded.

Abandonment vs Illegal Dismissal: Proving Intent to Abandon Employment

Philippine Supreme Court clarifies the two requisites for valid dismissal due to abandonment, emphasizing employer's burden of proof.

Prescription Period in Illegal Dismissal Cases: When Does the Clock Start Ticking

Learn when the prescriptive period for illegal dismissal claims begins, based on Philippine Supreme Court rulings and the Labor Code.

Burden of Proof in Constructive Dismissal Cases Philippine Labor Law Explained

Understand the burden of proof in constructive dismissal cases under Philippine labor law, and how employees can establish illegal dismissal claims.

Fixed-Term Employment and Security of Tenure: When Contracts Expire Without Illegal Dismissal

The Supreme Court explains when fixed-term employment is valid and why expiration of a contract is not illegal dismissal.

Misclassified Field Personnel: Overtime Pay and Illegal Dismissal in the Philippines

Supreme Court ruling on truck driver misclassified as field personnel, entitled to overtime pay, and illegally dismissed for complaining.